Central Administrative Tribunal - Delhi
Sh. Ashok Bansal vs Union Of India Through on 14 September, 2009
Central Administrative Tribunal Principal Bench OA No. 2597/2009 New Delhi, this the 14th day of September, 2009 Honble Mr. Justice V. K. Bali, Chairman Honble Mr. L.K. Joshi, Vice Chairman (A) Sh. Ashok Bansal, S/o Sh. Baldev Bansal, R/o D-II/8, DMS Colony, Shadipur, New Delhi. Applicant (By Advocate: Mr. M.K. Bhardwaj) Versus 1. Union of India through: The Secretary, Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi. 2. The Secretary, Ministry of Agriculture, Deptt. Of Animal Husbandry, Dairying and Fisheries, Krishi Bhawan, New Delhi. 3. Dr. Balbir Singh Beniwal, Associate Professor, HAU Hissar, Haryana. 4. Dr. Netrapal Singh Sirohi, Serving as Veterinary Officer, (T-9), NDRI, Karnal,Haryana. Respondents ORDER (ORAL) Justice V.K. Bali, Chairman:
Ashok Bansal, who was a candidate for the post of General Manager in Delhi Milk Scheme and has been unsuccessful, has filed present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking to quash and set aside the selection of Dr. Balbir Singh Beniwal, third respondent herein, on two two grounds namely (i) that the said respondent did not have five years regular service in the required scale prescribed under Office Memorandum dated 17.01.2008 and (ii) that he also doesnt have 10 years experience in dairy development work also mentioned in the same very Office Memorandum. To appreciate the contention of the learned counsel representing the applicant, it would be necessary to reproduce the clause dealing with five years regular service and ten years experience, which reads thus:-
1(a) (ii) With 5 years regular service in posts in the scale of Rs.12000-375-16500/- or equivalent; and
(b) (iii) 10 years of experience in Dairy Development work including organization of milk supply and utilization projects of which about 5 years should be in a Senior Supervisory capacity in a Government or quasi Government organization or a commercial concern.
2. Available on page 26 of the paper book is bio-data of the third respondent which clearly shows that he has been Associate Professor Sr. MDO-cum-Dairy Manager in the pay scale of Rs. 12000-18300 w.e.f. 13.02.2005 till date. He has been Assistant Professor (Selection Grade) MDO-cum-Dairy Manager in the pay scale of Rs.12000-18300 from 29.05.2000 to 12.02.2005. We are not concerned with other posts held by the third respondent as the same were not carrying pay scales required vide Office Memorandum dated 17.01.2008, relevant clause whereof has been reproduced above. What clearly emerges from the bio-data of the third respondent annexed by none other than the applicant himself, is that the third respondent has been holding the post of Associate Professor Sr. MDO-cum-Dairy Manager in the pay scale of Rs. 12000-18300 w.e.f. 13.02.2005 till date and before that he was holding the post of Assistant Professor (Selection Grade) MDO-cum-Dairy Manager in the same pay scale from 29.05.2000 upto 12.02.2005. It is clearly established that the third respondent was in the pay scale of Rs.12000-18300 for more than 5 years. It is, however, urged by the counsel representing the applicant that the third respondent may not be having the same pay scale of Rs.12000-18300 while holding the post of Assistant Professor from which he was promoted to the post of Associate Professor, a lower post from which the applicant was promoted may not be having the same pay scale of promotional post. This contention of the learned counsel cannot be accepted unless he would have rules to show that the two posts carry different pay scales. All that we are concerned with is that as to whether the third respondent was holding the post in the pay scale of Rs.12000-18300 for five years or not, which he, in fact, was holding. Insofar as the experience clause is concerned, it is urged by counsel for the applicant that being an Associate Professor or Assistant Professor, the third respondent could not be having experience in dairy development work including organization of milk supply and utilization projects as he was engaged in teaching only. We are unable to accept this contention of the learned counsel representing the applicant as well, as in addition to the post of Assistant Professor held by the third respondent, he was Dairy Manager also, which job per se would involve dairy development work including organization of milk supply and utilization projects.
3. Finding no merits in this Original Application, the same is dismissed.
(L.K. Joshi) (V.K. Bali) Vice Chairman (A) Chairman /naresh/