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Judgment
Miscellaneous Application No. 1290/2026
The present Miscellaneous Application filed by the applicants under Rule 4(5) of the Central Administrative Tribunal (Procedure) Rules, 1987, seeking permission to join and pursue the Original Application collectively, is allowed.
Original Application No. 1237/2026
This is an Original Application filed by the applicants under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“i.Direct the respondents to place the names of the applicants before the Departmental Promotion Committee (DPC) to the post of Chief Inspector and accord them the same treatment as was extended to the similarly situated persons namely 1.Ashok Kumar S/o Behari Lal 2. Kamlesh Kumar S/o Kali Dass 3. Raghbir Singh S/o Sh. Lal Singh who, despite having retired before the convening of the DPC, were considered and granted retrospective promotion under Government Order No.194 -DFCS&CAJ of 2021 dated 16.11.2021;
ii.direct the respondents to extend to the applicants the same monetary/service benefits as have already been extended to similarly situated employees, namely Ashok Kumar S/o Behari Lai, Kamlesh Kumar S/o Kali Dass and Raghbir Singh S/o Lal Singh, on the principle of parity and equal treatment;
iii.Direct the respondents ta consider and promote the applicants to the post of Chief inspector from the date they became eligible, with all consequential service and monetary benefits;
iv.Direct the respondents to release all consequential arrears and monetary/pensionary benefits to the applicants from the respective dates from which the said benefits became due, treating the applicants at par with the aforesaid similarly situated employees;
v.Direct the respondents to complete the aforesaid exercise and release the admissible benefits within a time-bound period as may be fixed by this Hon’ble Tribunal;
vi.Direct the respondents to grant the applicants retrospective promotion with effect from 16.11.2021, ie, the date from which the similarly situated employees were extended the benefit of promotion, together with all consequential benefits including fixation of pay, revision of pension, arrears and all other retiral benefits, as may be admissible under law;
Any other order or direction which the Hon'ble court may deem fit and proper in the given facts and circumstances of this case may also be issued in favour of the applicants and against the respondents, the same would be in consonance with law and justice.”
At the very outset, learned counsel for the applicants submitted that the present Original Application may be disposed of with a direction to the respondents to treat the OA as a representation of the applicants for consideration for promotion to the post of Chief Inspector and for convening the DPC, and the same may be decided within a stipulated period.
Having regard to the limited prayer made on behalf of the applicants, this Original Application is disposed of at the admission stage, without entering into the merits of the case, with a direction to the respondents to treat this OA as a formal representation of the applicants taking into account the representation dated 02.01.2024(Annexure A7), and decide the same as per relevant rules.
The respondents shall pass a reasoned and speaking order on the aforesaid representation within a period of eight weeks from the date of receipt of a certified copy of this order.
With the aforesaid directions, the Original Application stands disposed of. No order as to costs.