Tribunals and CommissionsDivision Bench(2021) 11 CAT CK 0550

Prince P.I. vs The Chief Engineer (NW) & Ors.

Central Administrative Tribunal, Ernakulam · Decided on 3 November 2021

HON’BLE JUDGES
P.Madhavan, Judicial Member · K.V.Eapen, Administrative Member
CASE NUMBER
O.A No.180/00582/2021

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Judgment

12 paragraphs · 445 words

P.Madhavan, Judicial Member This Original Application has been filed by the applicant seeking the following reliefs:

"(a)

This Hon'ble Tribunal may be pleased to call for the records connected with the case.

(b)

This Hon'ble Tribunal may be pleased to direct the respondents to include the name of the applicant in the list of proposed DPC for Electrician HS II.

(c)

This Hon'ble Tribunal may be pleased to direct the respondents to conduct the DPC for the calender year 2021 also.

(d)

Issue any other order or direction and grant such other relief as this Hon'ble Tribunal may found deem fit and proper in the circumstances of this case."

2.

Brief facts of the case are as follows: The applicant is working as Electrician (SK) at GE (AF). In Annexure A1, the applicant's name has been shown as SC No.57. But when the Annexure A2 final list was published, the applicant's name has been omitted and the 4th respondent, the admitted Junior of the applicant, was included in the list. As per the applicant, Annexure A2 is highly illegal, arbitrary, non-transparent and against the principles of natural justice. Hence, the applicant has approached this Tribunal praying for the above reliefs.

3.

When the matter came up for consideration, it appears that the applicant has given a representation as Annexure A3 and it is still pending before the Competent Authority. Counsel for the applicant submits that the DPC will be held within a period of one month and he will be precluded from getting a promotion.

4.

Adv.Mr.N.Anilkumar,SCGSC takes notice on behalf of the respondent nos.1 to 3 and submits that he has no objection in disposal of the representation.

5.

In view of the above submission and pendency of the representation, we hereby direct the official respondents to consider Annexure A3 representation in the light of relevant rules, regulations and guidelines and after considering the objections raised by the applicant, pass a reasoned and speaking order after giving an opportunity to hear the applicant before the next DPC is held.

6.

The Original Application is disposed of as above at the admission stage itself. No costs. Issue a copy of this order to learned counsel for the respondents.

List of Annexures

Annexure A1- True copy of the area seniority list dated 14.03.2019 of Electrician (SK) as on 01.04.2017 published by the 2nd respondent. Annexure A2- True copy of the DPC for promotion in R/o industrial personnel (SK to HS-II). All categories for the year 2017-18 transactional year 2018, 2019 and 2020 dated 07.10.2021 published by the 2nd respondent. Annexure A3- True copy of the representation dated 11.10.2021 send by the applicant to the 2nd respondent.