Central Administrative Tribunal - Delhi
Alex Kumar vs M/O Defence on 2 February, 2023
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O.A. No.1329/2019
Item No.7
Central Administrative Tribunal
Principal Bench, New Delhi
OA No.1329/2019
This the 2nd day of February, 2023
Hon'ble Mr. R N Singh, Member (J)
Hon'ble Mr. Sanjeeva Kumar, Member (A)
1. ALEX KUMAR
FIREMAN AGE 24 YEARS
Group „C‟
S/O SHRI CHATER SINGH
R/O H. NO.69 SECTOR 7 M B ROAD
PUSHP VIHAR NEW DELHI-110017
2. RANJEET
FIREMAN AGE 20 YEARS
Group „C‟
S/O SHRI BRIJ MOHAN YADAV
R/O R-779 NEW JANTA PARK
KHODA COLONY GHAZIABAD
UTTAR PRADESH-201001
3. PRASHANT SHAHAJI YEWALE
FIREMAN AGE 34 YEARS
GROUP „C‟
S/O SHAHAJI BHIMRAO YEWALE
YEVLEWADI HANMANT VADIYE
SANGLI MAHARASHTRA -415305
4. DAVANDE ARJUN BHIMRAO
FIREMAN AGE 25 YEARS
GROUP „C‟
S/O SHRI BHIMRAO RAVANDE
R/O KRODI POST GHANEGAON
BALAJI NAGAR MIDC
WALUJ AURNAGABAD
MAHARASTHRA-431136
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O.A. No.1329/2019
Item No.7
5. PAVAN KUMAR MEENA
FIREMAN AGE 24
S/O SHRI OM PRAKASH MEENA
GUNESHRA RAJSTHAN -32241
6. ROHIT
FIREMAN AGE 20 YEARS
GROUP „C‟
S/O SHRI KRISHNA
R/O SAMAIN FATEHABAD
HARYANA -125120
7. BUDIREDDI LOVE KUMAR
FIREMAN AGE 21 YEARS C
S/O SHRI BUDIREDDI PENTA RAO
NEAR RAMALAYAM TEMPLE PENDURTHI
VISAKHAPATNAM-530047.
8. DEULKAR TUSHAR MADHUKAR
FIREMAN AGE 20 YEARS
S/O SHRI MADHKAR
GROUP „C‟
R/O DWARKA NAGAR KANDLI
AMARAWATI MAHARASTHRA-444805.
9. SHEIKH SUDHEER HARSHADH
Fireman Age 20 years
Group „C‟
S/O SHRI SHEIKH LAL BABU
R/O 5-109 GOLLALA VEEDHI
MACHLIPATNAM
EAST GODAVARI ANDHRA PATNAM
ANDHRA PRADESH-533261.
10. REDDY ARJUN RAO
FIREMAN AGE 25 YEARS
Group „C‟
S/O SHRI REDDY JAGGA RAO
R/O HOUSE NO. 7-59
RAMPURAM PENDURTHI
VISAKHAPATNAM
ANDHRA PRADESH-531173.
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O.A. No.1329/2019
Item No.7
11. PADATATI NARESH
FIREMAN AGE 24 YEARS
Group C
S/O SHRI PADATATI ADI NARAYAN
R/O 5-73 BAYYA MUSALAYYA VEEDHI
SANTABOMMALI MANDALAM BHAVANAPADU
MADYAPETA SRIKAKULA
ANDHRA PRADESH-532211
12. SILAPARASETTY RJ RAMESH CHANDRA
FIREMAN AGE 23 years
Group „C‟
S/O SHRI KRISHNA SURYA SANYASI RAO
R/O 1-12 RAJULA STREET CHOWDUVADA
POST VHOWDUVADA VISAKHAPATNAM
ANDHRA PRADESH-531034.
13. THALADA SHANKAR
FIREMAN AGE 26 YEARS
Group „C‟
4-5 ANNAMARAJU PETA JAGRAPU VEEDHI
S/O SHRI THALADA RAMANA
JAMMI ANNAMRAJU PETA
VIZIYANAGARAM
ANDHRA PRADESH-535250.
14. SANJAY
FIREMAN AGE 20 YEARS
Group „C‟
S/O SHRI BALINDER TARKHA,
JIND HARYANA -126115
15. SUMIT KUMAR
S/O SHRI SATPAL
FIREMAN AGE 24 YEARS
Group „C‟
R/O BUWANA JIND HARYANA-126114
16. PHARANDE MANOHAR HANUMANT
FIREMAN AGE 27 years
S/O SHRI PHARANDE HANUMANT
R/O AT-HOLEWADI POST CHILWADI
TAL KARJAT
AHMADNAGAR MAHARSTHRA -414403.
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O.A. No.1329/2019
Item No.7
17. AJAY KUMAR
FIREMAN AGE 22 YEARS
Group „C‟
S/O SHRI RAJENDER KUMAR
R/O BARODI, BARODI (87)
JIND HARYANA-126102.
18. VISHAL GUPTA
FIREMAN AGE 23 YEARS
Group „C‟
S/O SHRI SHANKAR GUPTA
R/O VILLAGE CHAKIYA POST FATEHPUR,
GOPLAPUR
MUHAMMADA BAD GOHNA
UTTAR PRADESH-276402.
19. PATIL PRATHAMESH BHAGWAN
Fireman Age 27 years
S/O SHRI BHAGWAN PATIL
R/O 9, SECOND FLOOR RED ROSE BUILDING
NAGESHWAR SOCIETY NADNDIVLI PATH
BEHIND DNC SCHOOL SUNIL NAGAR
DOMBIVLI EAST TILAK NAGAR THANE
MAHARSTHRA-421201
20. PAWAR DHIRAJ EKNATH
FIREMAN AGE 20 YEARS
Group „C‟
S/O SHRI EKNATH DATTU PAWAR
R/O H. NO 33 B, GURU GANESH COLONY
MORANE PR. LALING DHULE
MAHARASTHRA-424002
21. DURGANAND JHA
FIREMAN AGE 24 YEARS
S/O SHRI NAND LAL JHA
MAHINAM, DARBHANGA
BIHAR-847103
22. THALE AKSHAY UMESH
FIREMAN AGE 25 YEARS
Group „C‟
S/O SHRI UMESH HARI THALE
R/O B-15 JAGDISH VILLA
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O.A. No.1329/2019
Item No.7
MANPADA ROAD NEAR HARDIKAR HOSPITAL
GANDHI NAGAR DOMBIVALI EAST,
KALYAN, THANE, MANPADA,
MAHARSTHRA-421204
23. AMAR SINGH RATHOUR
FIREMAN AGE 24 YEARS
S/O SHRI VINAY KUMAR RAO
426, NAGWA KHAS, DEORIA
UTTAR PRADESH-274208
24. RAUSHAN KUMAR
FIREMAN AGE 21 YEARS
Group „C‟
S/O LALAN RAJAK
R/O VILLAGE JAITPUR
TIRASI PS-BARHIYA
DIST LAKHISARAI BIHAR-811302
25. RAKESH KUMAR
FIREMAN AGE 33 YEARS C
S/O RAM SAH
VILLAGE POST DUMARI
CHHAPIYA MASHRAKH
SARAN BIHAR-841417 ... Applicant
(By Advocate : Mr. G. Umapathy, Sr. Advocate
With Mr. Rohit Kumar Singh,
Mr. Aditya Singh and
Mr. Pritam Bishwas.)
Versus
1. UNION OF INDIA THROUGH
SECRETARY,
MINISTRY OF DEFENCE
SOUTH BLOCK
NEW DELHI
2. ADMIRAL SUPERINTENDENT
NAVAL DOCK YARD
MUMBAI-400023 ...Respondents
(By Advocate :Mr. Ranjan Tyagi)
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O.A. No.1329/2019
Item No.7
O R D E R (ORAL)
Hon'ble Mr. R N Singh, Member (J):
The applicants, 25 in number, have approached this Tribunal through the present OA to challenge the Order dated 05.02.2019 issued by respondent no.2 and also seeking setting aside of dismissal order of a few co-applicants.
2. The applicants have prayed for the following reliefs in the present OA:-
"1.To allow the present application and call for the records of the Respondents pertaining to the recruitment of the applicants including the question papers and their respective keys and complete merit list prepared before and after termination of the applicants and other effected personnel in the same category of the Fireman in the recruitment and peruse them in the light of the submissions made in the petition.
2. To quash and set aside the impugned order No. DYP/P/9108/FBS(DR) 2018 DATED 05 February 2019 passed against the applicants passed by the Respondent No.2 whereby the Applicant No. 1 Appointment was withdrawn with effect by the Respondent No.2 and the appointment of the applicant No.1 vide his original appointment letter No. DYP/P/9108/FBS(DR)/2018/28 DATED 2018 from the date of his illegal removal/termination with all the consequential benefits as Fireman (erstwhile Fireman Gr.II & Gr. 1) on regular 7 O.A. No.1329/2019 Item No.7 basis with effect from 04.Dec 2018 in the Pay Matrix Level 2 being the termination illegal and malafide. Alternatively the applicant no.1 may also be considered for appointment in the category of his OBC quota since his appointment was done in Unreserved Quota without his permission or consent as the Applicant No.1 applied in OBC quota.
3. To pass appropriate directions against the respondents and set aside the impugned order No. DYP/P/9108/FBS(DR) 2018 DATED 05 February 2019 passed against the applicants passed by the Respondent No.2 whereby the Applicant No. 2 appointment was withdrawn by the Respondent No.2 with immediate effect and restore the appointment of the applicant No.2 DYP/P/9108/FBS(DR)/2018/20 DATED 04.DEC 2018 from the date of his illegal removal/termination with all the consequential benefits as Fireman (erstwhile Fireman Gr. II & Gr. 1) on regular basis with effect from 04.Dec 2018 in the Pay Matrix Level 2 being the termination illegal and malafide.
4. To quash and set aside the impugned order No. DYP/P/9108/FBS(DR) 2018 DATED 05 February 2019 passed against the applicants passed by the Respondent No.2 whereby the Applicant No. 3 appointment was withdrawn with immediate effect by the Respondent No.2 and restore the appointment of the applicant No.3 vide his appointment letter No. DYP/P/9108/FBS(DR)/2018/49 DATED 05.DEC 2018 from the date of his illegal removal/termination with all the consequential benefits being the termination illegal and malafide.
5. quash and set aside the dismissal orders passed by the Respondents against the other co-applicants and restore their appointment at par with other similarly recruited Fireman in the present recruitment cycle.8 O.A. No.1329/2019
Item No.7
6. Pass directions against the Respondents to have the mishandling of the complete recruitment process by its Chief Vigilance Officer or CVC and fix responsibility and punish the errant officials involved in the matter and recover the damages suffered by the Department from their salary.
7. Any other relief deems fit and proper may also be awarded to the applicants in the circumstances against the respondents.
8. Costs"
3. Learned senior advocate appearing for the applicants submits that applicants had participated in the selection process initiated by the respondents for the post of Firemen Grade 2 & 1 and the applicants, who being found meritorious, were selected and appointed by the respondents to such posts. However, subsequently, the respondents terminated/withdrawn the appointment of the applicants on the ground that appointment of the applicants is based on erroneous merit list.
4. He invites our attention to the impugned order dated 05.02.2019 (page 33) and he contends that vide the said impugned communication the respondents have assured the applicants that the applicants could be considered for the post in future, 9 O.A. No.1329/2019 Item No.7 if they are eligible as per the revised and corrected merit list.
5. Learned senior counsel appearing for the applicants submits that except the applicants appearing at serial no.3, 7, 9, 10, 13, 16, 22 & 23 of the memo of parties, other applicants are not interested in pursuing the present OA. He submits that the present OA in respect of the applicants other than these eight applicants may be dismissed as not pressed. His prayer to such extent is allowed. Accordingly, the OA in respect of 17 applicants other than the applicants no.3, 7, 9, 10, 13, 16, 22 & 23 stands dismissed as withdrawn.
6. The learned senior counsel appearing for the applicants further submits that during the pendency of the OA, the respondents have prepared revised merit list and name of a few of these eight applicants, who are interested in pursuing the present matter, found mentioned in such revised merit list. He adds that the respondents are having the vacancy available for the post(s) in question. However, in spite of their assurance, as indicated in 10 O.A. No.1329/2019 Item No.7 the impugned communication dated 05.02.2019, the respondents have not considered any of these eight applicants for their appointment to the said post(s). He submits that the present OA qua these eight applicants may be disposed of with liberty to these eight applicants to make a comprehensive representation(s) before the competent authority amongst the respondents for redressal of their grievances in time bound manner and with the directions to the respondents to consider such representations in a time bound manner.
7. To such request of the learned senior counsel appearing for the applicants, there is no objection from the learned counsel appearing for the respondents.
8. In view of the aforesaid, the present OA is disposed of with liberty to the aforesaid eight applicants to make a comprehensive representation(s) before the competent authority amongst the respondents within two weeks from the date of receipt of a copy of this Order for redressal of their grievances and the respondents are 11 O.A. No.1329/2019 Item No.7 directed to consider the said representation(s) of the aforesaid eight applicants and to dispose of the same by passing an appropriate reasoned and speaking order as expeditiously as possible and preferably within six weeks of receipt of such representation(s).
9. The OA stands disposed of in the aforesaid terms. However, in the facts and circumstances, there shall be no order as to costs.
( Sanjeeva Kumar ) ( R.N.Singh )
Member (A) Member (J)
/uma/