Chandra Prakash Asthana vs State Of Jharkhand & Others

Through this interlocutory application, the petitioner has sought for amending the writ petition.

In the main writ petition, the prayer made by the petitioner was for issuance of an appropriate writ, order or direction upon the respondents to forward the application of the petitioner for consideration for the appointments as judicial member of the Central Administrative Tribunal and other posts. The petitioner has further prayed therein for a direction upon the respondents to forward letter no. 46/18C dated 4.8.2018, which was sent to Hon'ble Court against the vacancy for Judicial Member, Central Administrative Tribunal to the Secretary, Department of Personnel and Training, New Delhi with CCR so that it may be received in the concerned office of Secretary before the expiry of extended period i.e. 14.08.2018. The petitioner has also prayed for a direction upon the respondents to grant the petitioner super time scale in the cadre of the petitioner as the petitioner claims that he fulfills all the eligibility criteria as prescribed for the grant of super time scale. Another prayer, which has been made, is for commanding upon the respondents to dispose of the alleged enquiry pending against the petitioner.

In the instant interlocutory application, the amendment, which has been sought for is quoted hereunder:-

"20-That it is stated at page 3 after prayer no. (d) the following may be added to be inserted.

"d(1)For the issuance of appropriate writ/writs, order/orders, direction/directions or a writ in the nature of certiorari quashing the order dated 30.11.2017 whereby and whereunder the representation of the petitioner dated 24.06.2016 regarding adverse entries in ACR has been rejected in complete mechanical manner without considering the reply of the petitioner".

That it is stated at page 3 after prayer no. (d) the following may be allowed to be inserted.

"d(2)To call and quash the minutes dated 17.01.2018 and 14.02.2018, passed by the Hon'ble Screening Committee and Hon'ble Standing Committee whereby it has been resolved not to grant super time scale to the petitioner and the said recommendation has subsequently been accepted by the Hon'ble Standing Committee vide its minutes dated 14.02.2018 but the copy of the same was not supplied to the petitioner as such in view of the above mentioned facts quash the minutes dated 17.01.2018 and 14.2.2018 of the Hon'ble Screening Committee and Standing Committee respectively".

Mr. Anil Kumar, learned senior counsel appearing for respondent no. 4, has submitted that so far as the amendment, which has been sought for and as referred to in paragraphs 20 and 22 of the instant interlocutory application is concerned, he does not have any objection to the same. So far as the amendment sought for as referred in paragraph 21 of the instant interlocutory application, he has submitted that in the reply filed by the respondent no. 4 to the instant application, the Minutes of the Screening Committee as well as the Standing Committee have been brought on record and therefore in such fact situation, this amendment does not have any legs to stand.

The petitioner has also prayed for insertion of certain facts to substantiate the amendment, which has been sought for in the instant application.

Considering the fact that the primary prayer of the petitioner was with respect to grant of super time scale to the petitioner as according to him he fulfills all the requisite eligibility criteria and since such prayer has already been considered and rejected vide order dated 30.11.2017 and the prayer by which the quashing has been sought for of Memo No. 2916 dated 20.08.2019, which has a direct nexus with the prayer made in the main writ petition, we think it fit to allow this amendment application to the extent as indicated above.

Mr. Chandra Prakash Asthana, the petitioner who appears in person, shall file the amended writ petition incorporating the amendments, which has been allowed by this Court in the present order as well as the various facts inserted in the instant application in support of the amendment which has been sought for, is granted three weeks' time for the said purpose.

Mrs. Darshana Poddar Mishra, learned AAG-1 and Mr. Anil Kumar, learned senior counsel appearing for respondent no. 4, shall respond to the amended writ petition within a period of three weeks thereafter.

List this case on 20th October, 2020 under the heading For Final Disposal.

Rejoinder, if any, may be filed by the petitioner within the aforesaid period.

I.A. No. 11267 of 2019 as well as I.A. No. 3419 of 2020, which were by way of reply to the counter affidavit filed by respondent no. 4 in I.A. No. 11267 of 2019 stand disposed of.

So far as I.A. No. 1734 of 2020 is concerned, the same has become infructuous and is accordingly disposed of as such.

List accordingly.

Let a copy of this order be sent through Email to the petitioner as well as to the learned A.A.G.-1 and Mr. Anil Kumar, learned senior counsel appearing for respondent no. 4.