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Uttam Dey Sarkar And Ors vs Dr. C. Chandramouli

Central Administrative Tribunal · Decided on 16 August 2019 · Citation: (2019) 08 CAT CK 0041

HON’BLE JUDGES
L. Narasimha Reddy, J · Mohd. Jamshed, Member (A)
RESULT
Disposed Off
CASE NUMBER
Contempt Application No. 231 Of 2019, Original Application No. 639 Of 2016
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Judgment

5 paragraphs · 314 words

L. Narasimha Reddy, J

1.

The petitioners herein filed OA No.639/2016 challenging as many as five office memoranda, pertaining to the seniority on the post of Upper Division Clerks (UDC) working in the Central Secretariat Services (CSS). Their grievance was about the fixation of seniority. The OA was allowed through detailed order dated 09.01.2019 directing that none of the UDCs appointed against 2151 vacancies subsequent to year 2009 shall be placed above any of the UDCs appointed up to that date and they shall take seniority in accordance with their dates of appointment. The further direction was that the seniority and other benefits that accrued to the applicants up to 03.05.2012 shall remain intact and any proceedings that ensued adversely affecting the same, shall stand set aside.

2.

This contempt case is filed alleging that the respondents have not implemented the judgment of the Tribunal.

3.

On behalf of the respondents, it is stated that W.P. (C) No.5259/2019 was filed in the Hon'ble High Court of Delhi against the judgment in the OA, and that on 15.05.2019, an interim order was passed directing that; (a) the status quo as directed by the Tribunal vide its order dated 23.12.2015 shall continue to operate and (b) promotions, if any, made in the meantime, shall be subject to further orders in this petition. The same is said to have been reiterated in the order dated 06.08.2019 passed in W.P (C) No.8454/2019.

4.

The nature of relief granted in the OA has been indicated above. This is not a case in which the order in the OA has become final or that the Hon'ble High Court did not divert any interim measure. Once the High Court passed an interim order, the question of entertaining the contempt petition does not arise. The applicants have to seek the relief in the pending writ petition. We, therefore, close the contempt petition.