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Central Administrative Tribunal - Delhi

Rajvir Singh vs M/O Urban Development on 8 December, 2015

               Central Administrative Tribunal
                 Principal Bench, New Delhi

                       OA NO. 4454/2015

         New Delhi this the 8th day of December, 2015

Hon'ble Mr. Shekhar Agarwal, Member (A)
Hon'ble Dr. Brahm Avtar Agrawal, Member (J)

1.   Rajvir Singh, EE(Civil),
     Aged about 52 years
     S/o Sh. Chhotey Lal,
     R/o 28/18A/77F/4, Gali No.2,
     Edgah Road, Bhola NathNagar,
     Ext. shahdara, Delhi-110032

2.   Akhilesh Kumar Singh, JE (Civil),
     Aged about 40 years,
     S/o Sh. Narendra Prashad Singh,
     R/o 26/1017, B.K.S. Marg,
     New Delhi-110001

3.   Daya Shankar Dubey, AE (Electrical),
     Aged about 57 years,
     S/o Sh. K.L. Sharma,
     R/o A-177, Pandar Road,
     New Delhi - 110003

4.   Prayag dutt Tripathi, AE (Electrical),
     Aged about 55 years,
     S/o Sh. Nagendra Nath Tiwari,
     R/o B-2, Raj Enclave, DLF Colony, Sahibabad,
     Ghaziabad, U.P.

5.   Nasiruddin, AE (Electrical),
     Aged about 56 years,
     S/o Late Sh. Subham Ali,
     R/o 23/155, Lodhi Colony,
     New Delhi - 110003

6.   Baljeet Singh, AE (Electrical)
     Aged about 56 years,
     S/o Late Sh. Rattan Lal,
     R/o 23/162, Lodhi Colony,
     New Delhi - 110003
                                                        OA No.4454/2015

                                  2

7.    Awadha Raj Mishra, AE (Electrical),
      Aged about 56 years,
      S/o Late Sh. Yukti Nath Mishra,
      R/o 61-C, Pkt-B, Dilshad Garden, Delhi-110095

8.    Ajay Kumar Singh, AE(Electrical),
      Aged about 49 years,
      S/o Late Sh. Ram Bali Singh,
      R/o K1/1, Type-III, Qtr. Uddyan Marg,
      Kali Bari, DIZ Area, Sec.2, New Delhi-110001.

9.    Prabhu Nath Singh, AE, (Electrical)
      Aged about 49 years
      S/o Late Sh. Ram Cheej Singh,
      R/o B-253, Sarojini Nagar,
      New Delhi-110023.                  ....Applicants.

(By Advocate: Mr. M.K.Bhardwaj )

                              Versus

Union & Ors. Through:

1.    The Secretary,
      Govt.of India,
      Ministry of Urban Affairs & Employment,
      Nirman Bhawan,
      New Delhi-110001.

2.    The Director General,
      Central Public Works Department,
      Nirman Bhawan, New Delhi.                .. Respondents


(By Advocate: Mr. H.K. Gangwani)

                         O R D E R (oral)

By Mr. Shekhar Agarwal, Member (A):-

This OA has been filed seeking the following relief:-
(i) To declare the action of the respondents in not accepting the degree in Engg. obtained by the applicants from recognized deemed University under Distance Mode as illegal and unjustified.
OA No.4454/2015 3
(ii) to direct the respondents to enter the degree in Engineering obtained by applicants through Distance Mode in the service record of applicants and consider them for promotion on the basis of said degree with all consequential benefits.
(iii) To extend the benefits of order passed in OA No. 2400/2015 & OA No. 1599/2013 to the applicants being similarly placed to applicants in said OA.
(iv) to allow the OA with cost.
(v) to pass such other and further orders which their lordships of this Hon'ble Tribunal deem fit and proper in the existing facts and circumstances of the case.

2. Learned counsel for the applicants submitted that his case is squarely covered by the judgment of this Tribunal in OA No. 1599/2013 dated 26.05.2014 - Rafat Himayat Hussain & Ors. Vs. Union of India and Ors. The same judgment has been followed in OA No. 4129/2014 on 21.11.2014 in the case of Bhupender Singh Vs. Union of India and Ors.

3. Learned counsel submitted that the applicants have made several representations to the respondents which are available at pages 43-49 of the paper book. He also submitted that he would be satisfied in case directions are issued to the respondents to consider and decide their representations in the light of the aforesaid judgments of this Tribunal. OA No.4454/2015 4

4. Accordingly, in view of the limited prayer made by the counsel for the applicants, we dispose of this OA, at the admission stage itself, without issuing notices to the respondents and without going into the merits of the case, with a direction to the respondents to consider and decide the aforesaid representations of the applicants in the light of the judgment dated 26.05.2014 in OA No. 1599/2013 of this Tribunal mentioned above. The respondents shall communicate their decision to the applicants within 90 days by means of a speaking order. No costs.





 ( Dr. Brahm Avtar Agrawal)             ( Mr. Shekhar Agarwal)
    Member (J)                                 Member (A)


/neha/