Tribunals and CommissionsDivision Bench(2020) 11 CAT CK 0091

Manoj Kumar vs Govt. Of NCT Of Delhi & Others

Central Administrative Tribunal · Decided on 23 November 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · A.K. Bishnoi, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 2989 Of 2016, Miscellaneous Application No. 1038 Of 2019

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Judgment

13 paragraphs · 265 words

L. Narasimha Reddy, J

1.

The applicant is working as Fire Operator in the Delhi Fire Service (DFS). He intended to pursue a one year certificate course, which according to

him, is essential for promotion to the next higher post. It is stated that he submitted an application in February, 2016 with a request to accord him

permission to join the course and ultimately the No Objection Certificate (NOC) was issued on 04.03.2016. He filed this OA complaining that though

the NOC was issued on 04.03.2016, he is not being relieved from the post, nor he is being granted the study leave.

2.

The respondents filed counter affidavit raising several contentions.

3.

We heard Sh. Yogesh Sharma, learned counsel for the applicant and Ms. Esha Mazumdar, learned counsel for the respondents.

4.

The necessity for us to examine the matter in detail is obviated on account of the fact that the applicant has since completed the course. What

remains to be examined is the eligibility to be granted the study leave. For this purpose, certain issues need to be examined.

5.

We, therefore, dispose of the OA directing the respondents to pass orders on the representation made by the applicant for grant of study leave

within six weeks from the date of receipt of a copy of this order. The applicant shall also make a copy of the representation made by him, available to

the respondents. We make it clear that we did not pronounce on the relevance or otherwise of the course, studied by the applicant.

There shall be no order as to costs.