Central Administrative Tribunal - Delhi
Anil Kumar Yenni vs Ministry Of Electronics & Information ... on 12 November, 2021
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Item No. 8 O.A. No. 2450/2021
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 2450/2021
M.A No. 3059/2021
This the 12th day of November, 2021
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Anil Kumar Yenni,
S/o Late Sri Y. Mohan Reddy,
Aged 40 years,
R/o H.No. 9-207/4A, Road No.7,
Near Suryaodaya Supermarket, Employees Colony,
Yapral, Secunderabad, Telengana- 500087.
2. Bh. J.S. Phani Krishna,
S/o S.B.V. Sarma,
Aged 42 years,
R/o 4-219, Behind A.E.W., Bypass Road,
Tanuku, Andhra Pradesh- 543211.
3. Mridul Deka,
S/o Prabhat Ch. Deka,
Aged 42 years,
R/o House No.6, Senduri Path,
Japorigog ( Near Shankar Madhab Kala Kristi
Kendra),
PO-Dispur, Guwahati, Assam-781005.
4. Goman Bahadur Chhetry,
S/o Chitra Bahadur,
Aged 42 years,
R/o Naga River Lane, Near 2nd MR Gate,
Imphal East, Manipur-795001.
5. Sunil Kumar,
S/o Shri Asharfi Prasad Singh,
Aged 45 years,
R/o At Post Sahdulahpur, Hajipur,
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Item No. 8 O.A. No. 2450/2021
Vaishali Bihar-844101.
6. Prakash C. Kala,
S/o M.D. Kala,
Aged 41 years,
R/o 202/2 Aditya Suntech City Apartment,
Sector 5, Vasundhara, Ghaziabad,
U.P.-201012.
7. Rishi Kumar Rai
S/o Shri B.L. Rai,
Aged 46 years,
R/o MIG-166, Tatibandh Colony,
Raipur, Chhattisgarh-492099.
8. Amit Agarwal,
S/o Shri C. B. Agarwal,
Aged 41 years,
R/o Agarwal House 46/49,
Sarkanda, Bilaspaur,
Chhattisgarh-495001
9. Aradhana Thawait,
D/o Shri A.B. Thawait,
Aged 45 years,
R/o Street No.1, Sector-3,
Professor Colony, Raipur, Chhattisgarh-492001.
10. Sudhir Kumar,
S/o Govind Prasad,
Aged 45 years
R/o H.No. 164, Mayur Residency,
Faridnagar, Chandan Road,
Lucknow, U.P-226015.
11. Vikrant Nawani,
S/o Sh. V.D. Nawani,
Aged 40 years,
R/o 15/268, Lodhi Colony,
New Delhi-110003.
12. Prite Joshi,
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Item No. 8 O.A. No. 2450/2021
D/o Banshidhar Joshi,
Aged 43 years,
R/o H. No. 332 Village & PO,
Shantipuri No.2, District Udham Singh Nagar,
Uttarakhand-263148.
13. Alka Upadhyay,
D/o Ganga Prashad Sharma,
Aged 42 years,
R/o Flat No. 316, Gaur Heights,
Sector 4, Vaishali, Ghaziabad,
U.P.- 201010.
14. Nisha Gupta,
D/o K.V. Nagpal,
Aged 40 years,
R/o E-94, Sector 72, Noida,
U.P.-201307.
15. Kamlesh Pratap Singh,
S/o Jang Bahadur Singh,
Aged 42 years,
R/o. 833, AB Nagar, DSN College Road,
Unnao, U.P.-209801
16. Anil Kumar Negi,
S/o Late Sh. Jagat Singh Negi,
Aged 44 years,
R/o H. No. 210, 2nd Floor, Old Minto Road Hostel,
Minto Road, New Delhi-110002.
17. Viren Makodiya,
S/o Somabhai H. Makodiya,
Aged 43 years,
R/o Block No. F-402, Radhe 111 Soceity,
Kudasan, Gandhinagar, Gujarat-382421
18. Parveen Sharma,
S/o Shri Kirpa Ram Sharma,
Aged 42 years,
R/o VPO Shakra, Tehsil Karsog,
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Item No. 8 O.A. No. 2450/2021
District Mandi, Himachal Pradesh-175009.
19. Ashwani Kumar,
S/o Ram Lal Sharma,
Aged 41 years,
R/o Village Ari, Tehsil Mendhar,
District Poonch, J&K-185211.
20. Allen Pramod Guduri,
S/o G. Prabhakar Rao,
Aged 41 years,
R/o H. No. 53-1-58 (2), Cloughpet 4th Lane,
Ongole Prakasam District,
Andhra Pradesh- 523001.
21. T Rajammal,
D/o Shri S. Thulasi,
Aged 41 years,
R/o House No. 1/38, NambiRajan Street,
Thachanallur PO,
Tirunelveli District, Tamil Nadu-627358.
22. Jilju V,
D/o K.K. Vishwanathan,
Aged 42 years,
R/o Kiliveedu, DCNRA D 55, Near Boat House,
Pthujanam Road, Medical College PO,
Trivandrum, Kerala-695011.
23. Sreelatha S.,
D/o Late Shri Sundaresan Nair K.,
Aged 39 years,
R/o #34, Palakkaparambil (H), DMC Road,
Edappally North P.O. Cochin, Kerala-682024.
24. Delan Prajapati,
S/o Shri C.L. Prajapati,
Aged 43 years,
R/o Near Mata Madiya Kakaganj,
District Sagar, Madhya Pradesh.
25. Yatish Kumar Sisodiya,
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Item No. 8 O.A. No. 2450/2021
S/o Shri Mangilal Sisodiya,
Aged 39 years,
R/o F-15, Tripti Vihar, Indore Road,
District Ujjain, Madhya Pradesh
26. Ranjeeta Rohit,
D/o Late Shri T.R. Rohit,
Aged 42 years,
R/o H.No. 97, Geet Mohini, Phase 6,
Ayodhya Nagar, Bhopal, Madhya Pradesh.
27. Omprakash Arya,
S/o Purushottam Arya,
Aged 45 years,
R/o Tukum, Waghoba Chowk Road,
Chandrapur, Maharashtra.
28. Laishram Sharat Singh,
S/o L. Manisana Singh,
Aged 44 years,
R/o Sogolband Moirang Hanuba Leirak,
Imphal, Manipur- 795001.
29. James Vanlalfakawma,
S/o C. Ramsanliana,
Aged 38 years,
R/o Tlungvel Vengthar, Aizwal District,
Mizoram-796 161.
30. H.C. Rochungnunga,
S/o H.C. Lalrohluna,
Aged 37 years,
R/o H. No. 86/A, Bungkawn,
Near Bungkawn, Vengthar Anganwadi, Aizwal,
Mizoram- 796001.
31. Biswarajan Bhukta,
S/o Shri Umesh Chandra Bhukta,
Aged 42 years,
R/o Near SS International Hotel,
Dongriguda, Umerkote, Nabarangpur,
Odisha- 764059.
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Item No. 8 O.A. No. 2450/2021
32. Manish Kumar Sharma,
S/o Sh. Ramesh Chandra Sharma,
Aged 43 years,
R/o 58 Nemi Nagar, Jhalrapatan,
District Jhalawar, Rajasthan.
33. Paramjeet Singh,
S/o Jogindra Singh,
Aged 39 years,
R/o G-15, Mahadev Enclave,
Sri Ganganagar, Rajasthan.
34. Chandresh Kumar,
S/o Shri Mohan Lal,
Aged 42 years,
R/o II/5, GAD Colony, Sam Road,
Jaisalmer, Rajasthan- 345001.
35. Navin Kumar Mathur,
S/o Lt. Shri Vinod Kumar Mathur,
Aged 37 years,
R/o Flat No. 303, B-21, Prateek,
Panchsheel Colony,
Ajmer Road, Jaipur, Rajasthan- 302019.
36. Ashutosh Kumar Sherpa,
S/o Mithilesh Kumar,
Aged 45 years,
R/o 78- A, Dev Ashish House,
Jago Niwas, Lane Matwari,
Hazaribagh, Jharkhand- 825301.
37. Shakeena Nallagatla,
D/o Late Sri N. Vijay Kumar,
Aged 40 years.
R/o 12-13-435, Flat No. 401,
Shyam Arcade, Street No. 19,
Opp. Bank of Baroda, Tarnaka, Secundrabad,
Telengana-500017.
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Item No. 8 O.A. No. 2450/2021
38. N. Sree Laxmi Devi,
D/o N. Nageshwara Rao,
Aged 50 years,
R/o H. No. 1232, BHEL MIC RC Puram,
Hyderabad-502032.
39. Ravi Bandi,
S/o Satyanarayana Bandi,
Aged 41 years,
R/o Flat No-101 A, Drumatura's Jasmine,
TRT- 220, TRT Colony, Prashant Nagar,
Vidya Nagar Ext., Hyderabad-500044.
40. Rajnish Chandra Srivastava,
S/o Sh. Dhyan Chandra Lal,
Aged 41 years,
R/o D-47, VDA Colony, Badalapur,
Chandmari, Varanasi, U.P.-221007.
41. Saurabh Mishra,
S/o Shri Shanti Shekhar Mishra,
Aged 44 years,
R/o. H. No. 1/244, Vikrant Khand Gomti Nagar,
Lucknow, U.P.-226010.
42. Joy Shukla,
S/o Shri Girja Shankar Shukla,
Aged 43 years,
R/o H.No. 725, Church Road, Civil Lines,
Sitapur, U.P.-261001.
43. Krishnanand Yadav,
S/o Late Shri Lalsa Prasad Yadav,
Aged 40 years,
R/o Village Hariyapar, Post Musahari,
District Deoria, U.P.-274408.
44. Avinash Sharma,
S/o Late Sh. B.L. Sharma,
Aged 45 years,
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Item No. 8 O.A. No. 2450/2021
R/o D-47, Ramapura,
Varanasi, U.P.-221001.
45. Brijesh Tewari,
S/o Late Sh. S.K. Tiwari,
Aged 44 years,
R/o 93 MIG Dayanand Vihar, Kalyanpur,
Kanpur, U.P.-208017.
46. Manish Verma,
S/o Sh. Ramnagina,
Aged 40 years,
R/o E-63, Trans Yamuna Colony, Phase-2,
Agra, U.P.-282006.
47. Gaurav Kumar,
S/o Sh. Narayan Ram,
Aged 37 years,
R/o Shivalaya Ward Takana Khet,
Pithoragarh,
Uttarakhand-2162501. ...Applicants
(By Advocate: Mr. Tabrez Malawat)
Versus
1. Union of India through its Secretary
Ministry of Communication & Information
Technology,
Electronics Niketan, 6, CGO Complex,
Lodhi Road, New Delhi-110003.
2. Director General,
National Informatics Centre,
Department of Electronics & Information
Technology,
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Item No. 8 O.A. No. 2450/2021
Ministry of Electronics & Information
Technology,
A-Block, Lodhi Road, CGO Complex,
Pragati Vihar,
New Delhi, Delhi-110003. ...Respondents
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Item No. 8 O.A. No. 2450/2021
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman MA No. 3059/2021 :
This application is filed by the applicants seeking to join together in a single OA.
For the reasons mentioned in the MA, the same is allowed and the applicants are allowed to join in a single OA.
OA No. 2450/2021 :
The present OA is filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 praying for the following reliefs :-
"(i) To quash and set aside the impugned Circular No.19(9)/2020 - Pers. Dated 21.09.2020 issued by the Respondent No.1, to the extent it excludes Applicants herein from the ambit of the Personnel Policy of Group „A‟ S & T Officers of MeitY - Office Memorandum No. 2(11)/2016 - Pers. III dated 19.09.2016 and rob the chance of Applicants from getting promotion into Group „A‟ and consequential benefits in relation to the same as was given to batchmates and junior to the Applicants;
(ii) To grant parity to the Applicants w.e.f. 1st April/1st October, 2009/2010 and consequential benefits to the Applicants as was given to the batchmates of the Applicants;
(iii) Direct the Respondents to initiate Promotional review of the Applicants on an 11 Item No. 8 O.A. No. 2450/2021 immediate basis under Personnel Policy for Group „A‟ S&T officers of Ministry of Electronics and Information Technology (MeitY) dated 19th September 2016, on parity with Applicants‟ batch mates recruited in year 2006 and joined with them before 1st October 2006 (recruited under the same advertisement No. 15(2)/2005-Pers. for recruitment of Scientific/Technical Assistant - „B‟) and are presently covered under the Personnel Policy for Group „A‟ S & T officers of Ministry of Electronics and Information Technology (MeitY) dated 19th September 2016 and reviewed/promoted under the same;
(iv) To direct Respondents to provide all the promotional benefits should be given to the Applicants from retrospective basis, i.e., 1st April/1st October 2009/2010 and from the date from when the batchmates were given promotions, being the date from which Applicants‟ promotion was first due for the post of Scientific Officer/Engineer-SB and along with consequential benefits, which include promotion to Scientist-B w.e.f. 01.10.2013 and to Scientist-C w.e.f. to 01.01.2017 and to process and accept APAR/AWR for the post of Scientist-D so promotion to the said grade can be undertaken on 01.01.2021 under Policy of 19.09.2016 as being undertaken for the batchmates of the Applicants;
(v) Pass on all consequential benefits for the delay in administrative process and antedate promotion; and
(vi) Pass any other order or such order, as this Hon‟ble Tribunal may deem fit in present facts and circumstances of the case." The brief facts of the case are as under :-
2. Mr. Tabrez Malawat, learned counsel appearing for the applicants stated that an advertisement was 12 Item No. 8 O.A. No. 2450/2021 issued by NIC vide advertisement No. 15(2)/2005-
Pers. for recruitment to the post of Scientific/Tech. Asst. 'B' and in response thereto, applicants no. 1 to 46 participated in the examination who were recruited to the said post. He further stated that applicant no. 47 joined in pursuance of another advertisement no. 15(1)/2004-Pers. However, all the applicants joined the organization on different dates. Learned counsel also stated that the applicants became eligible for promotion after successfully completing their period of residency, but only the cases of some of the applicants were taken up for review promotion, whereas some other were not considered. For the reasons best known to the respondents, even the applicants who were considered for the review promotion could not clear it and they again became eligible for the next review. He further submitted that the second review of the applicants was scheduled along with the candidates who were earlier not considered in the first review but, the respondent no. 1 failed to initiate the review promotion on account of administrative delay 13 Item No. 8 O.A. No. 2450/2021 of three years and unreasonable inaction. Due to the said inaction of the respondents, the applicants were promoted only on 27.06.2013, whereas they were due for promotion on 01.04.2010/01.10.2010. The said delay of three years had recurring effect on their future promotions also which shows hostile discrimination on the part of the respondents.
3. Heard learned counsel for the applicants at the admission stage and perused the records.
4. Learned counsel for the applicants placed reliance upon the Office Memorandum dated 18.07.1983, which is a policy decision providing for consideration of the Staff below Group 'A' level for promotions and annual increments either w.e.f. 1st April or 1st October of the relevant year.
5. In support of his arguments, learned counsel for the applicants had also relied upon the judgment of the Hon'ble Supreme Court in Union of India & Ors. vs. Vinay Kumar in Civil Appeal No. 6359/2016 decided on 25.08.2021 where the Apex Court was 14 Item No. 8 O.A. No. 2450/2021 pleased to provide antedated benefits to the similarly placed persons.
6. According to learned counsel, the applicants made representations dated 23.11.2019 and 30.07.2021 in this regard to the respondents for ventilating their grievance, but the same are yet to be decided by the respondents. He stated that he would be satisfied if a direction is given to the respondents to decide the aforesaid representations of the applicants in a time bound manner.
7. Keeping in view the prayer of the learned counsel for the applicants, the respondents are directed to consider and dispose of the representations dated 23.11.2019 and 30.07.2021 of the applicants by passing a reasoned and speaking order within a period of three months' from the date of receipt of a copy of this order.
There shall be no order as to costs.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
/Mbt/vb/kk