Tribunals and CommissionsDivision Bench(2021) 02 CAT CK 0517

Dharamveer Singh vs Shri Vijay Kumar Dev & Ors.

Central Administrative Tribunal, Principal Bench, New Delhi · Decided on 5 February 2021

HON’BLE JUDGES
R.N. Singh, Member (J) · A. K. Bishnoi, Member (A)
CASE NUMBER
C.P. No.20 of 2021 in O.A. No.1186 of 2020

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Judgment

6 paragraphs · 312 words

Hon’ble Mr. R. N. Singh, Member (J):

Learned counsel for the petitioner submits that the present Contempt Petition has been filed by the petitioner alleging wilful defiance of the directions of this Tribunal passed in Order/Judgment dated 23.9.2020 in the aforesaid OA. The operative part of the said Order/Judgment reads as under:-

“4.

In view of the aforesaid submission of learned counsel for the respondents, the present OA is disposed of with direction to the respondent no.3 to send the dossier of the applicant to respondent no.2 positively within 10 days from today and thereafter respondent no.2 shall complete all the relevant formalities and if the applicant is found suitable for the said post, offer of appointment shall be issued to the applicant. It is made clear, if the applicant is appointed to the said post, the applicant shall be entitled to consequential benefits, i.e., notional fixation of pay and seniority from the date of appointment of a candidate just below the applicant in the merit list.

5.

The OA is disposed of in the aforesaid terms. However, in the facts and circumstances, no order as to costs.

2.

Learned counsel for the petitioner further submits that the respondents have issued an offer of appointment to the petitioner. Ms. Mazumdar, learned counsel for the respondents on instructions submits that once the applicant will join the said post, notional fixation of pay and seniority of the petitioner shall be considered and appropriate orders shall be passed by the respondents within three months thereafter.

3.

In view of the aforesaid, we are satisfied that the directions of this Tribunal passed in the aforesaid Order/Judgment have substantially been complied with by the respondents. Accordingly, the present CP is closed. Notices issued to the respondents are discharged. However, the petitioner shall be at liberty to agitate any grievance if still survives in accordance with the law.