Amit Yadav, Inspector, Group ‘B’ vs Union Of India & Others

R. N. Singh, Member (J)

The applicant has filed the present OA seeking the following reliefs:

“(i) To direct the respondents to consider the applicant for promotion to the post of Superintendent Central Excise by holding review

DPC and grant him promotion from the date/dates of promotion of his immediate junior with all consequential benefits of pay fixation and

seniority.

(ii) To declare the action of respondents in deferring his case for promotion in the year 2017 & 2018 as illegal and direct the respondents

to consider the case of applicant for promotion to the post of Superintendent of Central Excise by holding review DPC and assess his

suitability on the basis of available APARs and promote him to the post of Superintendent of Central Excise w.e.f. 01.04.2016/01.04.2017

etc. with all consequential benefits.

(iii) To allow the OA with costs.

(iv) Any other relief’s as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case to meet the ends

of justice.â€​

Learned counsel for the applicant submits that the applicant’s juniors/batch mates were promoted with effect from 01.04.2016/01.04.2017.

However, the applicant in spite of being eligible has not been considered for promotion to the post of Superintendent of Central Excise. He submits

that the applicant has preferred various representations, including dated 04.02.2018 and 24.04.2019 followed by reminders thereto (Annexure A7

Colly). However, the respondents have not considered even the said representations.

Issue notice. Shri C. Bheemanna, learned Senior Central Government Counsel, who appears on advance service for respondents, accepts notice.

At this stage, Shri C. Bheemanna, learned counsel for the applicant, submits that applicant will be satisfied, if the present OA is disposed of with

direction to the respondents no.3 to consider the aforesaid representations and dispose of the same by passing a reasoned and speaking order in a time

bound manner.

We have heard the learned counsel for the parties and we are of the considered view that if such request of the applicant is accepted, no prejudice

is likely to be caused to the respondents.

In view of the aforesaid, without going into the merits of the claim of the applicant, the present OA is disposed of with direction to the respondents

No.3 to consider the aforesaid representations (Annexure A7 Colly) and to dispose of the same by passing a reasoned and speaking order as

expeditiously as possible and in any case within 10 weeks of receipt of copy of this Order.

The OA is disposed of with aforesaid directions. No costs.