CHIEF SECRETARY Vs. NARENDER KUMAR GUPTA

JUDGEMENT

(1.) THE petitioners in these proceedings under Article 226 of the Constitution, challenges an order dated 5.4.2013, of the Central Administrative Tribunal (hereafter "CAT") in O.A. No. 3560/2012. The CAT directed the petitioner (hereafter "GNCTD") to consider the case of the Respondent ("applicant") for promotion as a Grade III employee w.e.f. 9.5.1988 without insisting upon the condition of qualifying through a typing test.

(2.) THE brief facts are that in 1977, the Applicant was appointed as a Grade IV employee (DASS) on a temporary basis, via direct recruitment. By an order dated 12.10.1995, he was placed under suspension, pending an investigation by the CBI. In 2002, the CBI filed a closure report, and the proceedings against the Applicant were dropped by the Tis Hazari Special court. Consequently, on 4.6.2003, the suspension order dated 12.10.1995, was revoked. On 13.4.2005, the Applicant was granted an exemption from passing a required typing test, because he had turned 45, w.e.f 25.11.1997. This was done vide a Services Branch -III order. In the meantime, the Applicant's junior, one Ajit Singh Kataria, had been promoted to Grade III on a regular basis, w.e.f. 9.5.1988. Therefore, on 22.3.2011, the Applicant filed O.A. No. 927/2011 before the CAT, seeking promotion at par with his junior, as well as the benefit of financial upgradation in terms of the ACP scheme w.e.f. 28.6.2000, and the treatment of suspension period as spent on duty with full pay and allowances. On 29.9.2011, the CAT disposed off the petition, directing the Petitioner to ensure that all statutory obligations were adhered to, and to settle the claims of the Applicant in accordance with the rules.

(3.) ACCORDINGLY , on 17.2.2012, the GNCTD issued an order stating that the Applicant's suspension period would be treated as spent on duty (with consequential benefits), and on 29.3.2012, it promoted him to the post of Grade III (DASS) w.e.f. 27.5.1998. The Applicant represented against this, arguing that the Grade III promotion should take effect from 9.5.1988, and not 27.5.1998. On 26.2.2012, the GNCTD rejected the applicant's representation. Aggrieved by this, the applicant preferred O.A. No. 3560/2012, before the CAT. The GNCTD's argument was that the applicant's junior was promoted to Grade III w.e.f. 1988, because he had qualified through the typing test. On the other hand, the applicant argued that the Recruitment Rules did not provide for any such requirement for promotion to Grade III, and in fact, the Government of India's Office Memorandum, dated 14.9.1995, expressly stated that such a requirement ought to be prescribed in the recruitment rules. According to that Memorandum, it was stated: