UOI and Ors v. Lr Meena and Anr

SANJIV KHANNA, J. SEPTEMBER 14, 2011 pk/dk

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.1505/2011 Judgment reserved on: 23rd August, 2011 % Judgment pronounced on: 14th September, 2011 UNION OF INDIA & ORS. ..... Petitioners Through: Mr. R.V. Sinha, Ms. Sangita Rai, Advocates Versus L.R. MEENA & ANR. ..... Respondents Through: Mr. Shrigopal Aggarwal, Adv. for Respondent No.1 Mr. Naresh Kaushik, Adv. for Respondent No.2 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA 1. Whether reporters of the local papers be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ Calling in question the legal defensibility of the order dated 14th December, 2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short "the tribunal") in OA No. 718/2010, the Union of India and its functionaries have invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India and prayed for issue of a writ of certiorari for quashment of the same. 2. The facts which are necessary to be stated for the purpose of adjudication of this writ petition are that the first respondent approached the tribunal in OA No.2846/2009 for issuance of a direction to the respondents therein to take action on the recommendations of the Departmental Promotion Committee (DPC) and the tribunal vide order dated 12th October, 2009 directed that the applicant therein was at least entitled to know the reasons why the recommendations made by duly constituted DPC had not been given effect to and, accordingly, directed the respondents therein to deal with the representation dated 24.09.2009. After the said order, the present petitioners, who were the respondents before the tribunal, gave the following information to the first respondent herein: "Subject: Representation dated 24.9.2009 from Shri LR Meena, DDGM (ISSD) reg. promotion to the post of ADGM on implementation of DPC. The undersigned is directed to refer to the subject mentioned above and in pursuance of order dated 12.10.2009 of Hon. CAT, Principal Bench in OA No.2846/2009 and order dated 1.12.2009 in MA No.2400/2009 in OA No.2846/2009, the matter has been dealt with in accordance with law and the following information is passed on to the applicant:- 2. The point wise information sought by Shri LR Meena in his representation dated 24.9.09 and the reply thereof is tabled below: Sl. No. Point wise information sought by Shri LR Meena Reply 2. The recommendation of the duly constituted Departmental Promotion Committee approved by the DoPT/UPSC may kindly be made effective with the approval of competent authority, if required, in the light of existing recruitment rules. Recommendation s of DPC are under process. 3. Since he is holding the post of DDGM since 30.11.2005 and, therefore, he may be considered for promotion form his date of eligibility in the light of existing vacancies and recruitment rules for the post of ADGM as per the Supreme Court judgment dated 04.03.2.193 in Civil Appeal No.2954-55 an 2956-57 of 1980- Y.V. Rangalah and Ors. Vs. J. Sreenivasa Rao and Ors. Action is underway to consider the DPC recommendation by competent authority. 4. The Bio-data called for the post from DDGMs for the next promotion may be kept in abeyance till recruitment rules are approved by the competent authority and notified. Promotions are considered as per extant RRs. 3. After the said information was furnished, the first respondent preferred the OA No. 718/2010 for issue of a command to the petitioners to take necessary action on the recommendations of the DPC and to accord the benefit of promotion to him from the date he is entitled to. It was asserted before the tribunal by the applicant therein that he is in the cadre of Deputy Director General of Meteorology in Indian Meteorology Department (IMD) and a DPC for promotion to the post of Additional Director General Meteorology (ADGM) met in February