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Central Administrative Tribunal - Delhi

Faisal Abrar vs Department Of Personnel And Training on 26 May, 2023

                                          1
Item No. 3 C-III)


                                                                      O.A. No.1582/2023


                CENTRAL ADMINISTRATIVE TRIBUNAL
                   PRINCIPAL BENCH, NEW DELHI


                                 O.A. No. 1582/2023
                                 M.A. No.1901/2023
                                 M.A. No.1900/2023

                          This the 26th day of May, 2023

                        Hon'ble Mr. Ashish Kalia, Member (J)
                       Hon'ble Dr. Anand S. Khati, Member (A)


        1.          Faisal Abrar son of Sh. Abrar Husain, Resident of Flat No. 269, C A
                    Apartment, A3 Block, Paschim Vihar, New Delhi 110063.

        2.          Ms. Manashi Bhattacharyya Daughter of Sh. Satyaranjan
                    Bhattacharyya, Resident of 29 Srikrishna Nagar, Patna-800001

        3.          Atul Beck son of Sh. Abner Beck, Resident of H. No. 2433, S.P.
                    Colony, Dibadih, Ranchi Jharkhand-834002.

        4.          Perika Yadaiah son of Sh. Chandraiah, Resident of Flat No. 507,
                    Somavarapu Elegance Road No.1, Arunodaya Nagar, Nagole,
                    Hyderabad, Pin 500068.

        5.          Dr. Shailendra Singh son of Sh. Sobran Singh, Resident of Flat No.
                    202, Prim Perch Apartment, E-21, Moji Colony, Malviya Nagar,
                    Jaipur, Rajasthan 302017.

        6.          Dr. Jaipal Garg son of Sh. Shiv prasad, Resident of 110,
                    Vishveshvaraia Nagar,

        7.          Ms. Aruna Saini Daughter of Sh. Bhagwan Sahai Saini, Resident of
                    A-196-I, Shiv Shakti Nagar, Model Town, Jagatpura Road, Jaipur
                    302017 (Rajasthan).

        8.          Dinesh Kumar Son of Sh. Thangavel, Resident of 169,
                    Sengodampalayam, Tiruchengode, Namakkal district, Tamil Nadu
                    637209.

        9.          Atalanta Narayan Chowdhury son of Sh. Sujit Narayan Chowdhury,
                    Resident of Nabapally Circular Road, Near P.G. Bagan, Nabapally,
                    Barasat, North 24 Parganas, West Bengal, Kolkatta 700126.

        10.         Dr. Aneesh kumar Narikkatan son of Sh. Ramachandran N,
                    Resident of Puliyullakandiyil Ho Nut Street PO Vatakara Kozhikode
                    Kerala 673104.
                                           2
Item No. 3 C-III)


                                                                     O.A. No.1582/2023


        11.         Dr. Suparna Datta Daughter of Sh. DulalKantiSen, Resident of 30,
                    Dr. S.C. Roy Sarani, North Sibachal, Nimta, Kolkatta 700051, West
                    Bengal.

        12.         Dr. Prerna Mathuria Daughter of Sh. B.N. Mathuria, Resident of
                    Flat No. L-003, City of Golden Dome, Jagatpura Jaipur (Rajasthan)
                    302017.

        13.         Suresh Kumar son of Sh. Ved Kumar Das, Resident of L-98, Road
                    No. 21, Sri Krishna Nagar, Patna Pin 800001.

        14.         Dr. Prem Prakash Dookia son of Sh. Ram NiwasDookia, Resident of
                    HB -205, Second Floor, HIG Block, Pratap Apartment, Sector-29,
                    Pratap Nagar, Sanganer, Jaipur-302033.

        15.         Dr. Harbhajan Meena son of Sh. BhairuLal Meena, Resident of F-
                    303, DivyaPunj Shalom, B/H Satyamev Hospital, Opp- Parmeshwar
                    3, Chandkheda, Ahmedabad, Gujarat 382424.
                    16. Ms. Reena Borana D/o Sh. Babulal Borana, Resident of 80,
                    Shanti Nagar, Chopasni Road, Jodhpur, Rajasthan 342008.

        16.         Ms. Reena Borana D/o Sh. Babu Lal Borana, Resident of 80, Shanti
                    Nagar, Chopasni Road, Jodhpur, Rajasthan - 342008.

                                                                         ...Applicants

        (By Advocate: Mr. Satendra Tripathi)

                                              Versus

        1.          Union of India through the Secretary, Ministry of Jal Shakti,
                    Department of Water Resources, River Development and
                    Ganga Rejuvenation, Shram Shakti Bhawan, Rafi Marg, New
                    Delhi.

        2.          The Secretary, Ministry of Personnel and Public Grievances
                    and Pension, Department of Personnel and Training, North
                    Block, New Delhi.

        3.          The Under Secretary, Ministry of Jal Shakti, Department of
                    Water   Resources,    River   Development     and   Ganga
                    Rejuvenation, Ministry of Jal Shakti, Government of India,
                    Shram Shakti Bhawan, Rafi Marg, New Delhi. 3.

        4.          The Chairman, Central Ground Water Board, Bhujal
                    Bhawan NH-4 CGWB, Faridabad.

        5.      The Administrative Officer, Central Ground Water Board,
                Bhujal Bhawan NH- 4 CGWB, Faridabad.


                                                                    ...Respondents
                                       3
Item No. 3 C-III)


                                                              O.A. No.1582/2023


                                ORDER (ORAL)

Hon'ble Mr. Ashish Kalia:

M.A. No.1900/2023

The M.A. seeking joining together in a single petition is allowed. O.A. No.1582/2023 The applicants herein are the Group B Scientific Officers of Central Ground Water Board (CGWB). According to them, they are entitled for in situ promotion under the Flexible Complementing Scheme (FCS) as per paragraphs 5 & 6 of OM dated 09.11.1998 issued by the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, Government of India.

2. The grievance of the applicants is that vide the impugned office order No.161/2022 dated 14.03.2022 issued by respondent No.5 the cut-off date 30.09.2004 has been arbitrarily fixed by the respondents for granting in situ promotion to Group B Scientists of CGWB under FCS.

3. In this regard, the applicants have preferred various representations to the respondents on 05.04.2022, 25.04.2022, 06.04.2022, 08.04.2022, 25.03.2002, 06.04.2022 and 05.04.2022; 4 Item No. 3 C-III) O.A. No.1582/2023 the latest being 07.02.2023. However, the respondents have not decided the said representations of the applicants.

4. We have heard learned counsel for the applicants and perused the material placed on record.

5. Learned counsel for applicants submitted that the applicants would be contented at this stage if a direction is issued to the respondents to decide the aforesaid representations of the applicants in a time bound manner.

6. In these facts and circumstances, we dispose of the instant O.A. at the admission stage itself, directing the respondents to decide the aforesaid pending representations of the applicants by passing a reasoned and speaking order within a period of ninety days from the date of receipt of a copy of this order, under intimation to the applicants.

There shall be no order as to costs.

(Dr. Anand S Khati )                                  ( Ashish Kalia )
  Member (A)                                            Member (J)

/anjali/