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Judgment
This Original Application has been filed by the applicant praying for the following reliefs:
“(i)Call for the records leading to the issue of Annexure A1 and quash the same;
(ii)Declare that the applicant is eligible to be considered for promotion as AAO in preference to appointment by deputation and direction the respondents accordingly;
(iii)Direct the respondents to consider the applicant for promotion as AO before resorting to the process of recruitment by deputation basis; alternatively,
(iv)Direct the respondents to consider grant of grace marks as provided for in Paragraph 13 and 16 of Annexure A3 with reference to the examination contemplated in terms of Annexure A11; and direct further to grant the consequential benefits of promotion as AAO (Level 8 of the Pay Matrix);
(v)Direct the respondents to conduct the examination for the years 2019, 2020 and 2021 as per Annexure A3 scheme of examination and duly granting the applicant to take part in the said examination with all the consequential benefits arising therefrom;
(vi)Award costs of and incidental to this application;
(vii)Pass such other orders or directions as deemed just fit and necessary in the facts and circumstances of the case. ”
The applicant is aggrieved by the denial of selection to the post of Assistant Accounts Officer in Level 8 of the Pay Matrix prescribed by Annexure A-1 Circular.
When the matter was taken up for consideration today, learned counsel for the applicant fairly submitted that subsequently, another examination was conducted and the applicant is willing to confine his prayer at present, for consideration of Annexure A-12 representation dated 7.3.2022 (stated to be wrongly typed as 7.3.2021).
Learned SCGC Mr.Thomas Mathew Nellimoottil submitted that in fact the applicant has passed the examination and his representation will be considered accordingly.
Having considered the above submissions, this Tribunal is inclined to dispose of the Original Application with a direction to the respondents to consider Annexure A-12 representation in the light of relevant Rules and Regulations and pass a considered order as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this order. Ordered accordingly.
The Original Application is disposed of as above. No costs.
List of Annexures
Annexure A1- A true copy of the order bearing No.A-65061(55)/38/2021-Group B-CGA/359 dated 21.10.2021, issued from the office of the second respondent
Annexure A2- A true copy of the Central Civil Accounts Service (Junior Accountants Officer and Assistant Accountants Officer) Recruitment Rules 2000
Annexure A3- A true copy of letter bearing No.A-34012/142/2006/J.A.O(C)/Cyllabus Review /MF CGA(E)/43 dated 8th June, 2006
Annexure A4- A true copy of the letter bearing No.A-34012/142/2006/Syllabus Review/MF.CGA(E)/68 dated 4.8.2008
Annexure A5- True copy of a communication bearing No.A-34012/142/2006/JAO(C) syllabus Review/MF CGA(E)/110 dated 22.11.2007
Annexure A6- True copy of the order bearing No.A-34012/142/2006/syllabus Review/MF.CGA(E)/115 dated 21.8.2009.
Annexure A7- A true copy of the OM bearing No.A-34012/Online/MF.CGA(E)/522 dated 15.5.2018, issued from the office of the 4th respondent
Annexure A8- A true copy of the letter dated 16.5.2018 addressed to the Deputy Controller General of Accounts in the office of the second respondent
Annexure A9- True copy of the OM No.A 34012/2018/MF.CGA(E)/SE/604 dated 31.8.2018, issued from the office of 2nd respondent
Annexure A10- True copy of the OM bearing No.A 34012/MF.CGA(E)/AAO online Exam/Vol.II/1049 dated 15.1.2020
Annexure A11- True copy of the OM bearing No.X-11001/3/(7927) 2021-EXAM-CGA/1447 dated 28/10/2021
Annexure A12- True copy of the representation dated 7.3.2021 addressed to the 2nd respondent
Annexure A13- A true copy of the Notice bearing No.A-65061(55)/38/2021-Group B-CGA/513 dated 30.12.2021.
Annexure R1- A true copy of JAO(C) Examination Regulation, 2006 (Now AAO(C) Exam)
Annexure R2- A true copy of Office of CGA's Circular dated 21.10.2021
Annexure R3- A true copy of O/o CGA notification dated 27.9.2017
Annexure R4- A true copy of O/o CGA's order dated 20.3.2020
Annexure R5- A true copy of the Hon'ble CAT, Delhi Principal Bench's judgment dated 3.3.2020
Annexure R6- A true copy of O/o CGA's Notification dated 12.7.2022 regarding conducting of AAO(Civil) CBT under new Regulation.