Full Text
HIGH COURT OF DELHI
Date of Decision: 02.06.2021
SURESH BISWAS AND ORS ..... Petitioners
Through: Mr. Devendra Kr. Gupta, Adv.
Through: Mr.Arnav Kumar, Senior Panel Counsel for UOI with
Mr.Akshat Singh, GP.
HON'BLE MR. JUSTICE NAVIN CHAWLA (i) On the premise set forth above and the facts and circumstances of the case, it is most respectfully prayed that the Hon’ble Court may graciously be pleased to issue writ of or in the nature of certiorari and/or any other appropriate writ/s, order/s or direction/s quashing and setting aside the impugned
Judgement and Order dated 16.3.2021 (Annexure P-1) in O.A. No. 584/2021 passed by the Hon’ble Central Administrative Tribunal, Principle Bench, New Delhi.
NAVIN CHAWLA, J. (Oral)
The petition has been heard by way of video conferencing.
JUDGMENT
1. This petition has been filed by the petitioners praying for the following reliefs:-
(ii) To direct the Director General, Employees’
State Insurance Corporation, New Delhi – 2021:DHC:1783-DB 110002 to hold the DPC for filling the post in the grade of EE(Civil) for the panel year 2018- 19 and 2019-2020 in accordance with DOP&T guidelines issued vide DOPT O.M. NO. 36012/2/96-Estt (Res) dated 2.7.1997 and letter no. 14017/2/1997-Esttt (RR) dated 19.01.2007 and Hon’ble Supreme Court Judgments to promote the Applicants based on post based roster.
(iii) To direct the DG, Employees’ State Insurance
Corporation not to fill the Post of EE (Civil) on deputation basis till the disparity in RR’s between EE (Civil) & EE (Electrical) and the Claim of Petitioners is not disposed in accordance with DOP&T guidelines.”
2. The petitioners had filed O.A. No. 584/2021 before the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ‘CAT’) inter alia contending therein that they are working as Assistant Executive Engineer (Civil) (hereinafter referred to as ‘AEE (Civil)’) with the respondent and are eligible for promotion in the grade of Executive Engineer (Civil) (hereinafter referred to as ‘EE (Civil)’). As per the Employees State Insurance Corporation Executive Engineer (Civil) Recruitment Rules of 2012, these posts are to be filled with 50% from AEE (Civil) and 50% from AE (Civil). They allege that there are 14 posts in the grade of EE
(Civil) out of which 8 posts of EE (Civil) have been filled by promotion while 6 are to be filled as per DOP&T guidelines issued vide DOP&T O.M. No. 36012/2/96-Estt. (Res) dated 02.07.1997 and letter no. AB. 14017/2/1997-Estt. (RR)/Pt. dated 19.01.2007. They made the following prayer in the O.A. before the learned CAT:- “8. RELIEF SOUGHT In the aforesaid facts and circumstances, it is most respectfully prayed that this Hon’ble Tribunal may be pleased to; a) To direct the Director General, Employees’ State Insurance Corporation, New Delhi – 110002 to hold the DPC for filing the post in the grade of EE(Civil) for the panel year 2018- 19 and 2019-2020 in accordance with DOP&T guidelines issued vide DOPT O.M. NO. 36012/2/96-Estt (Res) dated 2.7.1997 and letter no. 14017/2/1997-Esttt (RR) dated 19.01.2007 and Hon’ble Supreme Court Judgments to promote the Applicants based on post based roster.”
3. The learned CAT vide its Impugned Order dated 16.03.2021 disposed of the O.A. with the following direction:-
4. In the purported compliance with the said order, the respondent issued an Office Order dated 18.05.2021 inter alia observing as under:-
5. The learned counsel for the petitioners submits that the above Office Order dated 18.05.2021 is not in terms of the DOP&T Guidelines dated 19.01.2007 and the DOP&T O.M. dated 02.07.1997. He submits that the learned CAT failed to direct the respondent to follow the above guidelines and O.M.
6. Having heard the learned counsel for the petitioners, we are of the opinion that the Office Order dated 18.05.2021 issued by the respondent gives a new/fresh and subsequent cause of action to the petitioners, for which the petitioners would be at liberty to take appropriate remedy, if so advised, in accordance with law. However, the order dated 16.03.2021 passed by the learned CAT in O.A. NO. 584/2021 cannot be faulted on this account. In fact the impugned order has worked itself out.
7. In view of the above, the present petition is dismissed, however, the petitioners shall be at liberty to challenge the order dated 18.05.2021 of the respondent, if so advised, in accordance with law. We make it clear that we have not expressed any opinion on the validity of the Office Order dated 18.05.2021.
8. There shall be no order as to costs.
9. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
NAVIN CHAWLA, J. MANMOHAN, J. JUNE 2, 2021/rv/U