Central Administrative Tribunal - Delhi
Sanjay Jha vs Govt. Of Nct Of Delhi on 18 July, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH O.A. No. 1299/2013 New Delhi, this the 18th day of July, 2013. HONBLE MR. V. AJAY KUMAR, MEMBER (J) HONBLE MR. V.N. GAUR, MEMBER (A) Sanjay Jha, S/o Shri Hem Chandra Jha, R/o C-288, Shalimar Garden, Extension-2, Shahibabad, Ghaziabad. .. Applicant (By Advocate : Shri Ajesh Luthra) Versus 1. Govt. of NCT of Delhi, through the Chief Secretary, 5th Floor, Delhi Sachivalaya, New Delhi. 2. The Principal Secretary, (Services), GNCT of Delhi, 7th Level, B Wing, Delhi Secretariat, I.P. Estate, New Delhi. . Respondents (By Advocate : Shri Vijay Pandita) ORDER (ORAL)
Mr. V. Ajay Kumar, Member (J) Heard both the sides.
2. The applicant belongs to Grade-I DASS cadre, and by Annexure A/1, Order dated 14.11.2012, the respondents promoted juniors to the applicant against the ex-cadre post of DANICS on ad hoc and emergent basis, however, ignoring the claim of the applicant. It is the specific case of the applicant that his ACRs were not furnished to the Screening Committee when his case was considered, and in view of the same and in view of the judgments of this Tribunal in a number of identical matters, he is entitled for consideration of his case for promotion to the post of DANICS with effect from the date from which his juniors were promoted.
3. The respondents neither by way of counter nor by way of oral submissions denied the fact or law and also that the applicant is similarly placed like the applicants in the identical OAs, one such judgment is in OA 3974/2012 dated 27.11.2012.
4. In the circumstances, this OA is also allowed directing the respondents to consider the case of the applicant for promotion to the ex-cadre post of DANICS, if he is otherwise found eligible with effect from the date from which his juniors were promoted with all consequential benefits without back wages within 15 days from the date of receipt of a certified copy of this order. No order as to costs.
(V.N. GAUR) (V. AJAY KUMAR) MEMBER (A) MEMBER (J) /Jyoti/