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Tribunals and CommissionsDivision Bench(2019) 07 CAT CK 0042

Anant Prakash Srivastava And Ors vs Controller General Of Patents And Ors

Central Administrative Tribunal · Decided on 15 July 2019

HON’BLE JUDGES
L. Narasimha Reddy, J · Mohd. Jamshed, Member (A)
RESULT
Disposed Off
CASE NUMBER
Original Application No. 4546 Of 2017

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Judgment

18 paragraphs · 361 words

L. Narasimha Reddy, J

1.

The applicants have been appointed initially as Examiners in the organisation of Controller General of Patents, Designs and Trademarks

(CGPDTM). As of now, they are said to be occupying the post of Assistant Controller. Through an order dated 02.11.2017 under the Ministry of

Commerce and Industry, the Government of India has sanctioned posts at various levels. The applicants filed this OA challenging the same.

According to them, the revision of cadre structure was done on the basis of a study made in the year 2008 and that the same does not satisfy the

present needs of the department.

2.

The respondents filed the counter affidavit opposing the OA. It is stated that the creation and modification of the cadre is the prerogative of the

Government, and the applicants do not have any right to object to the creation of posts. Various contentions advanced by the applicants are denied.

3.

We heard Shri M. S. Saini, learned counsel for the applicant and Shri Subhash Gosain, learned counsel for the respondents.

4.

During the course of arguments, learned counsel for the applicants has given up the challenge to the impugned order dated 02.11.2017, and the

prayer in the OA. It is stated that during the pendency of the OA, the office of the CGPDTM issued a letter dated 06.09.2018 informing the

Government of India, Ministry of Commerce that proposals are being initiated for creation of “Indian Patents & Design Services†in accordance

with “A Monograph†(2010) for cadre review of Group-A Central Service of DoP&T. He submits that if necessary steps in that direction are

taken, they would be of use to the applicants.

5.

We, therefore, dispose of the OA taking note of the letter dated 06.09.2018 and observing that the concerned authority shall expedite the steps, if

any, regarding the proposal for creation of separate “Indian Patents & Designs Servicesâ€, and to take a final decision within a period of six

months from the date of receipt of certified copy of this order. This order shall not be construed as a direction for creation of such a cadre. There

shall be no order as to costs.