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Tribunals and CommissionsDivision Bench(2020) 03 CAT CK 0038

Ramesh And Others vs Delhi Development Authority And Others

Central Administrative Tribunal · Decided on 5 March 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · A. K. Bishnoi, Member (A)
RESULT
Dismissed
CASE NUMBER
Original Application No. 1997 Of 2014
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Judgment

8 paragraphs · 356 words

L. Narasimha Reddy, J

1.

The applicants were working as Group 'D' employees in the 1st respondent authority. Promotion from Group 'D' is to the post of LDC-cum-Typist. There is also a facility for accelerated promotion in case a candidate is successful in the Limited Departmental Competitive Examination (LDCE). Dispute arose as to the eligibility of the applicants to appear in the LDCE. They wanted their work-charged service to be counted for determination of their eligibility. Since that was not acceded to, they filed the present O.A.

2.

While admitting the O.A., the Tribunal passed an interim order on 30.05.2014, permitting the applicants to take part in the LDCE, but directing that the result shall be kept in a sealed cover.

3.

The respondents filed counter affidavit opposing the O.A. It was mentioned that the applicants are not eligible to appear in the LDCE and that though the permission was accorded through the interim order, they did not avail that benefit. Taking into account, the contentions advanced by the respondents, the Tribunal dismissed the O.A., through order dated 14.01.2015. The applicants filed M.A. No.1640/2015 for restoration of O.A. The M.A. was allowed on 12.10.2015 and the O.A. was restored to file. Ever since then, it has undergone dozens of adjournments and almost on all the occasions, there was no representation for the applicants.

4.

Today, Sri H P Chakravorty, learned counsel for applicants stated that in spite of his best efforts, the applicants are not responding.

5.

We heard Sri H P Chakravorty, learned counsel for applicants and Sri Sanjay Singh for Sri Arun Birbal, learned counsel for respondents, at length.

6.

The record discloses that the applicants are not eligible to take part in the LDCE. All the same, the permission was accorded by way of interim order, but it was not availed by the applicants. Once they did not take part in the LDCE, there is no way that any relief can be granted to the applicants, that too, at this stage.

7.

We do not find any merit in this O.A. It is accordingly dismissed. There shall be no order as to costs.