Mukesh Kumar Singh vs Union Of India & Others

R.N. Singh, Member (J)

The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985, seeking therein the following reliefs :-

“(a) declare the action of the respondents in delaying the holding of the DPC on the ground of the future amendment of the Recruitment Rules as

illegal and arbitrary.

(b) direct the respondents to hold the DPC for consideration for promotion of the Applicant to the post of Junior Accounts Officer without any further

delay and grant him the consequential benefit, if he is found fit in the DPC.

(c) grant any other relief which this Hon’ble Tribunal may be pleased to allow in the interest of justice.â€​

The learned counsel for the applicant submits that a few vacancies are available to the post of Junior Accounts Officer under the respondents since

the year 2019 and one vacancy has arisen to such post in the year 2020. The applicant though was not eligible for being considered for such

promotional post in the year 2019, however, he has become eligible as such in the year 2020. Shri Padma Kumar S, learned counsel for applicant

submits that in spite of his being eligible and vacancies available for consideration of the applicant and similarly placed persons for the post of Junior

Accounts Officer, the respondents have not considered the applicant for such promotional post inspite of his representations dated 19.06.2020 and

27.07.2020 (Annexure-A/1 colly.).

Issue notice. Shri Gyanendra Singh, learned Senior Standing Counsel, who appears for the respondents on advance service, accepts notice.

At this stage, Shri Padma Kumar S., learned counsel for applicant submits that the applicant shall be satisfied if the present OA is disposed of with

a direction to the respondents to consider the applicant’s aforesaid representations and to dispose of the same in a time bound manner.

We are of the considered view that if such request on behalf of the applicant is accepted, no prejudice is likely to be caused to the respondents.

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

to consider the applicant’s aforesaid representation (Annexure-A/1) and to dispose of the same by passing an appropriate reasoned and speaking

order, as expeditiously as possible and in any case within 12 weeks from the date of receipt of a copy of this order.

The OA is disposed of in the aforesaid terms. No costs.