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Judgment
Per: Justice Ranjit More, Chairman:
Heard learned counsel for the respective parties.
The present C.Ps. have been filed alleging non-compliance with the common order dated 15.01.2024 passed by this Tribunal in O.A. No. 1615/2016 and O.A. No. 1551/2016. By the said order, the following directions were issued:
“8.Therefore, we have no hesitation in quashing and setting aside the impugned order dated 15.10.2015 and letter dated 05.12.2015 issued by the respondents as a sequel to this letter. While quashing these communications, we direct the respondents to forthwith issue an offer of appointment to the applicants for the Post of Junior Engineer (QA). The appointment to the applicants shall, of course, be subject to their meeting other statutory requirements. Their date of appointment shall be the date on which the other applicants pursuant to same selection given appointment, however, on notional basis. Benefits of seniority, fixation of pay, shall also be given to them from the date of appointment on notional basis and on actual basis with effect from the date of joining the said post.
9.Pursuant to these directions, the applicants shall be entitled to consequential benefits which too shall be extended to them forthwith. The directions, in their totality, shall be complied within a period of four weeks from the date of receipt of a copy of this order.
10.The OA is allowed in terms of aforesaid directions. Pending MAs also stand disposed of. No costs.”
Mr. Tyagi and Mr. Bhardwaj, learned counsel for the respondents in the respective C.Ps., place on record the communication dated 17.09.2026 issued by the Deputy Director/Adm-7B, for DG, DGQA, to the Directorate of Quality Assurance (Armament), New Delhi. The subject of the said communication is “Implementation of Hon’ble CAT (PB), New Delhi common order dated 15.01.2024 in O.A. No. 1615/2016 filed by Kumari Prachi Saklani Vs. UoI & Ors. and O.A. No. 1551/2016 filed by Sh. Ashish Kumar Vs. UoI & Ors.”
Paragraph 2 of the aforesaid communication dated 17.09.2026 reads as under:
“2.The Competent Authority i.e. JS(LS) has accorded approval for implementation of the aforesaid order dated 15.01.2024 vide N/43 recorded on File No. S/163/CC/1615/PS/DGQA/ARM-1 with following directions:-
(a)To issue an offer of appointment to the applicants for the post of Junior Engineer (QA). The appointment of the applicants shall, of course, be subject to their meeting other statutory requirements. Their date of appointment shall be the date on which the other applicants pursuant to same selection were given appointment, however, on notional basis. Benefits of seniority, fixation of pay, shall also be given to them from the date of appointment on notional basis and on actual basis with effect from the date of joining the said post.
(b)The applicants shall be entitled to consequential benefits.”
In light of the aforesaid communication, Mr. Tyagi and Mr. Bhardwaj, learned counsel for the respondents, submit that the order of this Tribunal stands complied with.
Ms. Awasthi, learned counsel for the petitioners, however, submits that though the offer of appointment has been issued, the petitioners have not yet been extended the benefit of seniority, pay fixation, etc. on notional basis and the consequential benefits flowing therefrom.
The aforesaid communication, however, shows that the competent authority has accorded approval for implementation of the order passed by this Tribunal. No doubt, the said communication is an internal communication. However, Mr. Tyagi and Mr. Bhardwaj, learned counsel for the respondents, make a statement that the petitioners shall be extended the benefit of seniority, pay fixation, etc. on notional basis, along with the consequential benefits, and further undertake that an order to that effect shall be issued within a period of four weeks from the date of receipt of a copy of this order. Statements accepted.
In view of the above, nothing further survives for consideration in the present C.Ps. The same are accordingly closed. Notices are discharged.