Skip to content


M.Y. HussaIn Vs. the Union of India, Rep. by the Chief Secretary, Government of Pondicherry and Others - Court Judgment

LegalCrystal Citation
CourtCentral Administrative Tribunal CAT Madras
Decided On
Case NumberOriginal Application No. 380 of 2013
Judge
AppellantM.Y. Hussain
RespondentThe Union of India, Rep. by the Chief Secretary, Government of Pondicherry and Others
Excerpt:
administrative tribunals act, 1985 - section 19 -.....on the representation of the applicant dated 21.12.2012 and to regularize him in the post of joint director, agriculture as per the communication of the 3rd respondent dated 22.11.2011, 27.09.2012, and 28.01.2013.” 2. according to the applicant he entered serviced as horticultural assistant in the agricultural department of puducherry on 06.11.1968. he earned promotions and in the year 2005, he was promoted as additional director on adhoc basis. on attaining the age of superannuation he retired from service on 31.10.2006 from the post of additional director (agricuture). 3. the grievance of the applicant is that many of his juniors had been promoted to the post of additional director w.e.f. 02.06.2003, whereas the applicant was denied promotion to the said post. hence he filed.....
Judgment:

Oral:

K. Elango, Judicial Member

This application has been filed under Sec. 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

“To direct the respondents to pass reasonable orders on the representation of the applicant dated 21.12.2012 and to regularize him in the post of Joint Director, Agriculture as per the communication of the 3rd respondent dated 22.11.2011, 27.09.2012, and 28.01.2013.”

2. According to the applicant he entered serviced as Horticultural Assistant in the Agricultural Department of Puducherry on 06.11.1968. He earned promotions and in the year 2005, he was promoted as Additional Director on adhoc basis. On attaining the age of superannuation he retired from service on 31.10.2006 from the post of Additional Director (Agricuture).

3. The grievance of the applicant is that many of his juniors had been promoted to the post of Additional Director w.e.f. 02.06.2003, whereas the applicant was denied promotion to the said post. Hence he filed O.A. NO. 866/2006. This Tribunal vide order dated 06.08.2007 disposed the OA directing the respondents to conduct review DPC to ascertain the suitability of the applicant for promotion to the post of Additional Director with his juniors w.e.f. 02.06.2003 based on his performance as recorded in the ACRs for the relevant period of 27.05.2003 and issue proper orders based on review DPC findings within a period of 2 months from the date of receipt of a copy of that order along with actual benefits with an interest of 8% from the date when the payment became due.

4. It is stated by the applicant that pursuant to the recommendations of the review DPC the applicant was promoted as Additional Director of Agriculture w.e.f. 02.06.2003 on par with his juniors on notional basis and the applicant is receiving revised pension. The grievance of the applicant is as per the communications between the 3rd and 2nd respondents he ought to have been regularized in the post of Joint Director. As there was no response, the applicant submitted a telegram on 12.12.2012 and a representation on 21.12.2012 to regularize his services in the post of Joint Director.

5. Considering the circumstances of this case, the respondents are directed to dispose of the representation dated 21.12.2012 ( Annex. A/7) by a reasoned and speaking order within a period of two months from the date of receipt of a copy of this order. O.A. is disposed of as above.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //