Cdr Raja Kanwar vs Union Of India & Ors

Consequent to this Tribunal’s Order dated 03.01.2022 in OA 432/2016L t Cdr Tarun and Ors (which included the

applicant), the applicant has filed this MA under Rule 25 of AFT (Procedure) Rules 2008 read in conjunction with Section 151 of Code of Civil

Procedure, 1908 seeking clarification/ modification to the Order dated 03.01.2022. The applicant has made the following prayers:-

(a) Clarify/ modify the Order dated 03.01.2022 passed by this Hon’ble Tribunal in the instant OA and give appropriate directions to the Respondents by

reinstating the applicant with effect from 06.01.2022 with all consequential benefits and to permit him continue in service till the completion of the notice period

subsequent to result of the Selection Board, as granted to similarly placed officer.

(b) Issue any other/ further direction as this Hon’ble Tribunal may deem fit tint he facts and circumstances of the case.

The brief background of this case is that, consequent to the grant of PC to certain SSC officers on 18.02.2020, the applicant had filed WP(C)

245/2021 in the Supreme Court seeking PC and pensionary benefits, in case PC was denied, in addition to challenging the grant of PC to certain

officers. The Hon’ble Supreme Court, vide its Order dated 23.02.2021, had disposed of the WP with the direction that the applicant pursue his

remedies before the AFT. It is the applicant’s plea that his release order was promulgated subsequent to the order of the Hon’ble Supreme

Court on 05.07.2021. The applicant then had filed OA 1965/2022 at this Tribunal with the prayers that his release order dated 05.07.2021 be quashed

and that he be granted PC based on his merit. Alongside, the Hon’ble Supreme Court remanded a batch of cases in WP 1480/2021C dr T

Rajkumar and Ors to this Tribunal with the direction that the petitioners seek appropriate relief before the AFT. The applicant’s case was also

examined as part of this batch of cases, in which a total of 29 OAs pertaining to 32 officers were adjudicated and orders issued on 03.01.2022.

Directions relevant to the applicant in the Order dated 03.01.2022 are extracted below:

DIRECTIONS

122.

(a) Respondents to identify and generate a proportional number of vacancies as a onetime measure to give a fair and viable consideration to the overborne

cadres including Exec/Law, Exec/GS, Exec/NAI which required vacancies for fair consideration in Dec 2020. The following applicants in this batch of cases be

then considered afresh in their own batches, along with those who were in service on17.03.2020:

(i) Cdr Seema Chaudhary, Exec/Law, in OA1972/2021.

(ii) Cdr Raja Kanwar , Exec/GS, in OA 1965/2021.

(iii) Cdr Bhupesh Kumar, Exec/GS, in OA 1966/2021.

(b) to (d) xxxxx

(e) Officers belonging to Exec/ GS, Exec/ Law and Engineer/NC whose release has been stayed by various Court orders, will continue to serve until the

conclusion and promulgation of results of the fresh Selection Board to be held as per directions herein. Respondents will ensure pre-release formalities are

completed in the ensuing period and 30 days notice is provided for final release once the results are promulgated. Other officers belonging to Exec/ GS,

Engineer/NC, Exec/Law or any other Branch/ Cadre due for release will be released from Service as per schedule.

(f) The above fresh considerations be completed within four months and will be done as per the merit list of Dec 2020, based on CRs of last five years as of Nov

2020 in respect of all officers being considered a fresh (both released and serving).

(g) Those found fit for grant of PC and have since been released, will be reinstated from their date of release with all consequential benefits.

(h) to (l)Â xxxxx

As seen from above, while the applicant is to be considered afresh, only those officers belonging to Exec/ GS, Exec/ Law and Engineer/NC whose

release has already been stayed by various Court orders are to continue to serve till the conclusion and promulgation of results of the fresh Selection

Board to be held. Other officers belonging to Exec/ GS, Engineer/NC, Exec/Law or any other Branch/ Cadre due for release, including the applicant,

are to be released from Service as per schedule. Since the applicant’s release has not been stayed by any earlier Court order and the fact that

there are other officers of Exec/ GS due for release between 03.01.2022 and conduct of the Selection Board, the applicant is deemed to have been

released on 06.01.2022. Also, since those officers who are released and are subsequently found fit for grant of PC by the fresh Selection Board are to

be reinstated from their date of release with all consequential benefits, no prejudice will be caused to the applicant, should he be found fit for grant of

PC after his release.

With the above clarification, this MA is disposed of.