C.S. Prem vs Union Of India & Others

Sunil Thomas, Member J

This Original Application has been filed by the applicant praying for the following reliefs:

“(i) Call for the records leading to the issue of Annexure A1 and quash the same;

(ii) Declare that the applicant is eligible to be considered for promotion as AAO in preference to appointment by deputation and direction the respondents accordingly;

(iii) Direct the respondents to consider the applicant for promotion as AO before resorting to the process of recruitment by deputation basis; alternatively,

(iv) Direct the respondents to consider grant of grace marks as provided for in Paragraph 13 and 16 of Annexure A3 with reference to the examination contemplated in terms of Annexure A11; and direct further to grant the consequential benefits of promotion as AAO (Level 8 of the Pay Matrix);

(v) Direct the respondents to conduct the examination for the years 2019, 2020 and 2021 as per Annexure A3 scheme of examination and duly granting the applicant to take part in the said examination with all the consequential benefits arising therefrom;

(vi) Award costs of and incidental to this application;

(vii) Pass such other orders or directions as deemed just fit and necessary in the facts and circumstances of the case. ”

The applicant is aggrieved by the denial of selection to the post of Assistant Accounts Officer in Level 8 of the Pay Matrix prescribed by Annexure A-1 Circular.

When the matter was taken up for consideration today, learned counsel for the applicant fairly submitted that subsequently, another examination was conducted and the applicant is willing to confine his prayer at present, for consideration of Annexure A-12 representation dated 7.3.2022 (stated to be wrongly typed as 7.3.2021).

Learned SCGC Mr.Thomas Mathew Nellimoottil submitted that in fact the applicant has passed the examination and his representation will be considered accordingly.

Having considered the above submissions, this Tribunal is inclined to dispose of the Original Application with a direction to the respondents to consider Annexure A-12 representation in the light of relevant Rules and Regulations and pass a considered order as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this order. Ordered accordingly.

The Original Application is disposed of as above. No costs.