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Central Administrative Tribunal - Delhi

Subhash Chand Bhutani vs Union Of India Through on 24 November, 2009

CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA-3404/2009 New Delhi, this the 24th day of November, 2009.

HONBLE MRS. MEERA CHHIBBER, MEMBER (J) HONBLE MR.SHAILENDRA PANDEY, MEMBER (A) Subhash Chand Bhutani S/o Shri I.D. Bhuitani R/o 95-A Raghuvir Enclave, Near Dichau Stand, Najafgarh, New Delhi. Applicant (By Advocate : Shri U. Srivastava) Versus Union of India through

1. The Secretary, Ministry of Chemical and Fertilizers, Department of Fertilizers A Wing, 7th Floor, Janpath Bhawan, New Delhi.

2. The Controller General of Accounts, Ministry of Finance (Department of Expenditure), Lok Nayak Bhawan, New Delhi.

3. The Principal Accounts, Principal Accounts Office, Ministry of Chemicals and Fertilizers, Department of Fertilizers A Wing, 7th Floor, Janpath Bhawan, New Delhi. Respondents Order(Oral) By Honble Mrs.Meera Chhibber, Member(J) Grievance of the applicant in this case is that he had been approved for promotion to the post of Pay and Accounts Officer on 19.5.2004 (page 8). Vigilance clearance was given on 14.12.2005 (page 9). He was relieved to join the post on promotion on 21.12.2005 (page 12). On the next very day, he resumed the duty of PAO (page 11). When he was shown the gradation list of PAO, it came to his notice that his junior Shri G.K. Behl, who is at Sl. No.29, has been shown as PAO promoted w.e.f. 4.6.2004 whereas applicant, who is at Sl.No.28 of the said list has been shown to be promoted as PAO w.e.f. 22.12.2005 due to the fact that applicant was not timely relieved for joining as PAO.

2. It is stated by the applicant that being aggrieved by the gradation list, he has given a number of representations followed by reminders (page 12, 18, 19 etc.) for giving him relief at par with his junior Shri G.K. Behal, but till date no order has been passed on his representation. Therefore, he had no other option but to file the present OA.

3. We have heard the counsel for the applicant. Since the request of the applicant has not been decided by the respondents, therefore, this OA is disposed off at the admission stage itself without going into the merits of the case by directing the respondents to look into his grievance and pass a reasoned and speaking order within a period of 2 months from the date of receipt of a copy of this order under intimation to the applicant.

4. With the above direction, the OA stands disposed off. No costs.

 (SHAILENDRA PANDEY)                  (MRS.MEERA CHHIBBER)
  MEMBER (A)                                             MEMBER (J)

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