Santosh Kumar Sharma vs Union Of India

Ajay Kumar, J

Heard Shri Gunnam Venkateswara Rao, learned counsel for the applicant and Shri Hilal Haider, learned counsel appeared on behalf of respondent No.1, on receipt of advance notice.

The applicant, who is presently working as Private Secretary under the 2nd respondent - Navodaya Vidyalaya Samiti , filed the O.A. seeking the following relief(s):

"A. Direct the respondents to consider the grievance of the applicant/decide the representations of the applicant dated 27.08.2018 and 10.01.2019 and take appropriate decision towards the grievance of the applicant for being considered for promotion on the post of Assistant Commissioner (Admn) in Navodaya Vidyalaya Samiti in view of law laid down in the below mentioned judicial pronouncements:-

(i) Final judgment and order dated 7.4.2015 passed by Hon'ble CAT (Principal Bench, New Delhi) in OA No.551/2013 reported in 2015 SCC online CAT 3301,

(ii) Final Judgment and order dated 22.4.2004 passed by Hon'ble Allahabad High Court in C.M.W.P. No.20661/1999, reported in (2004) SCC online Allahabad 456.

(iii) Final  Judgment  passed  by  Hon'ble  Supreme Court in the case titled as State of Mysore Vs. M.H. Bellary, reported in AIR 1965 (SC) 8681;

B. Direct the respondents to convene DPC in a time bound manner to consider the applicant for promotion to the post of Assistant Commissioner (Admn.) in view of law laid down in the above mentioned judicial pronouncements;

C. Allow instant original application in favor of the applicant and against the respondents with costs in favor of the applicant and against the respondents;

D. Pass such further and other order/orders as this Hon'ble Tribunal may deem fit and appropriate in the facts and circumstances of the case."

It is submitted that the applicant made number of representations vide Annexure A-1 (Colly.) ventilating his grievances to the respondents. However, no orders have been passed thereon till date.

In the circumstances, the O.A. is disposed of at the admission stage itself, without going into the merits of the case, by directing the respondents to consider the Annexure A-1 (colly.) representations of the applicant and to pass appropriate speaking and reasoned orders thereon, in accordance with law, within 90 days from the date of receipt of a certified copy of this order. No order as to costs.

Let a copy of the O.A. be enclosed to this order.