Tribunals and CommissionsDivision Bench(2020) 10 CAT CK 0107

Dinesh Kumar Raheja vs Govt. Of NCT Of Delhi & Others

Central Administrative Tribunal · Decided on 19 October 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · Aradhana Johri, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 1548 Of 2020

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Judgment

18 paragraphs · 354 words

L. Narasimha Reddy, J

1.

The applicant was appointed as Lecturer in the Directorate of Physical Education in the GNCTD, in the year 1998, through an examination,

conducted by the UPSC. He was also placed in the pay scale on 15.06.2004, and thereafter, he was appointed as Lecturer in Electronics and

Communications Engineering in Ambedkar Institute of Technology, in the year 2008. By counting his service with them, the respondents extended the

benefit of selection grade, under the Career Advancement Scheme (CAS) in the year 2011. Later, the effective dates were preponed by taking into

account, the past service also. He was extended the benefit of senior scale and selection grade under the CAS from different dates.

2.

On 21.10.2019, the respondents decided to review the matter of extension of benefit of senior scale and selection grade which were preponed. The

applicant made a representation by raising several objections in this behalf.

3.

This OA is filed with a prayer to declare the action of the respondents in proposing to review of earlier orders as illegal and arbitrary.

4.

We heard Shri Sourabh Ahuja, learned counsel for the applicant and Ms. Esha Mazumdar, learned counsel for the respondents.

5.

After the applicant was selected and appointed as Lecturer in Polytechnic, he moved forward in several stages. The benefit under CAS was

extended for the senior scale as well as selection grade. Though he was initially granted w.e.f. certain dates, they were preponed in the year 2011.

The respondents now want to review the same.

6.

Except that a policy decision was taken to review such cases, no specific order as such was passed, by now. The applicant has already made a

representation, anticipating adverse decision. We are of the view that the respondents need to take into account, the representation made by the

applicant before they pass orders. It is needless to mention that if any order, adverse to the interest of the applicant, is passed, it shall be open to him

to avail the remedies in accordance with law.

7.

The OA is accordingly disposed. There shall be no order as to costs.