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Tribunals and CommissionsDivision Bench(2020) 09 CAT CK 0062

Budh Prakash vs Union Of India & Others

Central Administrative Tribunal · Decided on 21 September 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · Pradeep Kumar, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 1321 Of 2020

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Judgment

7 paragraphs · 343 words

L. Narasimha Reddy, J

1.

The applicant is working as Sanitary Attendant in the respondents organisation i.e. All India Institute of Medical Sciences (AIIMS).There is a facility of promotion to the post of Sanitary Inspector Grade -II (SI Gr.-II) with the Grade Pay of Rs. 2800/-, from the post of Sanitary Attendant, to the extent of 50%. Respondents issued a notice proposing to take up the promotions to the post of SI (Gr.-II).

2.

The grievance of the applicant is that the notification is worded in such a manner that persons from all other departments are also made eligible to apply. He submitted a representation dated 10.06.2020 and his grievance is that without taking any action on that, the respondents are proceeding to select candidates.

3.

We heard Mr. Somnath Bhattacharya, learned counsel for the applicant and Mr. H. A. Khan and Mr. Vibhor Garg, learned counsel for the respondents at the stage of admission.

4.

The recruitment rules for the post of SI -Gr. - II provide for filling up of the same through direct recruitment to the extent of 50% and through promotion from departmental candidates, to the extent of remaining 50%.Steps initiated by the respondents are as regards the second category.

5.

The rule itself mentions that the promotion shall be from the eligible departmental candidates. The question as to whether the respondents intend to interpret the word 'department', restricting it to the one, in which the applicant is working, or widening it to include other departments also within AIIMS, needs to be examined. The applicant has made a representation and no steps have been taken thereon.

6.

We, therefore, dispose of the OA directing the respondents to pass orders on the representation dated 10.06.2020 submitted by the applicant within a period of two weeks from the date of receipt of copy of this order, if not already passed. We make it clear that in case the grievance of applicant still subsists, it shall be open to him to avail the remedies. There shall be no order as to costs.