Central Administrative Tribunal - Delhi
Rajendra Devidas Bhavsar vs Defence Research & Development ... on 21 March, 2023
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Item No. 06 (C-3) O.A. No. 826/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No.826/2023
M.A. No.999/2023
This the 21st day of March, 2023
Hon'ble Mr. Ashish Kalia, Member (J)
Hon'ble Dr. Anand S. Khati, Member (A)
Rajendra Devidas Bhavsar,
Age 62 years, OCC-Retired,
Address: Flat No. 1201, Profile Empyrean, Near
Dyandeep Mangal Karyalay, Jai Bhavani Nagar,
Pashan.
...Applicant
(By Advocate: Ms. Pallavi Bhatt with Mr. Sahil Bhatt)
Versus
1. Defense Research and Development,
Organisation (DRDO) Through the Chairman,
Address: DRDO Bhavan, Rajaji Marg, New Delhi.
2. Defense Research and Development,
Organisation (DRDO) Through the Director General
(HR) Address: DRDO Bhavan, Rajaji Marg,
New Delhi-110011.
3. The Chief Secretary, Ministry of Defence,
Address: 105, South Block, New Delhi-110001.
4. The Secretary, Ministry of Personnel, Public
Grievances and Pensions Department of Personal
And Training Address: North Block,
New Delhi-110001.
5. The Joint Secretary, Department of Administrative
Reforms and Public Grievances Address: 5th Floor,
Sardar Patel Bhawan, Sansad Marg, New Delhi-
110001.
...Respondents
(By Advocate: Mr. S. K. Tripathi for Mr. Gyanendra Singh)
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Item No. 06 (C-3) O.A. No. 826/2023
ORDER (ORAL)
Hon'ble Mr. Ashish Kalia, Member (J) M.A. No.999/2023 The instant MA has been filed by the applicant seeking condonation of delay in filing the present Original Application.
For the reasons in the MA, the same is allowed. O.A. No.826/2023 The applicant in the present Original Application has prayed for the following reliefs:-
"i. Direct the Respondents No 1 to 5 to consider the applicant for the promotional & consequential benefits which are attached with the post of SSO-II keeping in view the precedence by the Hon'ble High Court of Madras in The Union of India vs. Md. Sikandar Ali, Madras High Court, April 23 2012 and vide Order no.F.NO.22011/3/2013 Estt.(D) dated 15.11.2018. ii. As per rule 16 of Central Administrative Tribunal (Procedure) Rules, 1987: This Tribunal/Court may direct Ex Parte Order if where on the date fixed for hearing the application or on any other date to which such hearing may be adjourned, the applicant appears and the respondent does not appear when the application is called for hearing, the Tribunal may, in its discretion adjourn the hearing, or hear and decide the application EX-PARTE iii. Grant such other relief deemed fit having regard to the facts and circumstances of the case." 3
Item No. 06 (C-3) O.A. No. 826/2023
2. By way of filing the present Original Application, the applicant is challenging the action of the respondents in depriving him of regular/notional/retrospective promotion, promotional benefits, remuneration, allowances, pensioner benefits etc. due to delay in constituting the panel of DPC I the year 2018, 2019 onwards and publishing of the seniority list in the year 2017, which was intended to promulgate after 2011 as the applicant was eligible for promotion to a level of SSO-II after 2006 onwards. Being aggrieved, the applicant has approached this Tribunal with the aforementioned reliefs.
3. Heard Ms. Pallavi Bhatt with Mr. Sahil Bhatt, learned counsel for the applicant and Mr. S. K. Tripathi for Mr. Gyanendra Singh, learned counsel for the respondents, and perused the material available on record.
4. Since the last remedy has not been exhausted by the applicant, we hereby direct the applicant to make a detailed representation before the respondents, within a period of ten days from the date of receipt of a certified copy of this 4 Item No. 06 (C-3) O.A. No. 826/2023 order, which shall be decided by the respondents by way of passing a reasoned and speaking order, within a period of four weeks thereafter. In case, the grievance of the applicant still subsists, he is at liberty to agitate the same by way of filing a fresh application.
5. It is made clear that we have not entered into the merits of the case.
6. With this observation, the OA is disposed of. No costs.
(Dr. Anand S. Khati) (Ashish Kalia)
Member (A) Member (J)
/yaksh/