Hav Driver (MT) Ramaz Ali vs Union of India & Ors.

M.A. No. 1385 of 2021 :

For the reasons carved out in this application filed by the respondents, delay of 30 days is condoned. Counter affidavit is taken on record.

MA stands disposed of.

O.A. No. 855 of 2021 :

Even though Shri Prabodh Kumar, learned counsel for the respondents, inviting our attention to the prayer made by the applicant with regard to the stay of the discharge, submitted that now nothing survives in this application, we do not agree with the aforesaid submission. Prayer (ii) made by the applicant is to direct the respondents to detail the applicant to attend the Hav to Nb Sub Promotion Cadre commencing from 26.04.2021 and, therefore, a consequential relief after this promotion cadre is an inbuilt relief which has been claimed by the applicant. In the interim order dated 28.04.2021, after finding a prima facie case made out, we had made the following observations :

"Prima facie, on going through the material available on record, we are convinced that on account of the departmental error and some miscommunication between the authorities of the department, the applicant, who was detailed for the promotion exercise, which was to commence from 16.11.2020 to 08.01.2021, he could not participate in the promotion cadre exercise and, therefore, his right for consideration for promotion has been denied and now if he is retired from service without consideration for promotion, it may adversely affect his career.

Keeping in view the aforesaid, we direct that the discharge of the applicant from the post in question shall be kept in abeyance till the next date.

The respondents are directed to permit the applicant to participate in the promotion cadre exercise which has commenced from 26.04.2021."

We are informed that the applicant has undergone the course. If that be so, a detailed affidavit be filed indicating as to what was the result of the course; whether the applicant has been found eligible for promotion; whether he has been granted promotion, if not why the promotion has not been granted and why consequential benefits of salary etc. have not been granted to him. A detailed affidavit indicating all these factors be filed by the Competent Authority within four weeks from today.

List the matter on 22nd October, 2021. Interim orders to continue.

Copy of this order be given "Dasti"