S.L. DAVE Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the applicants are Economic Officers under the Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce & Industry, Government of India. They are aggrieved by the rejection of their case for induction in Grade IV of the IES. By way of relief, the OA seeks quashing the impugned order dated 24.2.2011 (Annex A/1) as illegal, unreasonable and discriminatory. Besides, directions for consideration of their case in proper perspective as per the relevant rules with effect from the date they became eligible have been sought. Additionally, directions for grant of all consequential benefits of pay and allowances, seniority, promotion etc. and passing any such other or further order or direction as deemed fit and proper by the Tribunal have also been sought.

(2.) The present OA is the second in the series. The earlier OA No.894/2009 agitating similar relief was decided vide the Tribunals order dated 18.11.2010 in which one of us (i.e. the Member (A) was also a Member) (Annex. A/8). After considering the stands of both the sides, allowing the OA partly following operational directions were issued to the Department of Economic Affairs (DEA): - 8. In view of the foregoing, this OA is allowed partly and the respondent no.1 is directed to reconsider the case of the applicants in proper perspective in terms of the relevant provisions of rules for induction into the entry grade of IES as per the proposal of the DIPP vide their letter dated 21.5.2008, taking the averments in the OA as supplementary representation and duly considering our observations in the body of this Order. This would culminate into a speaking and reasoned order. To balance the interests of equity, we do not find the prayer regarding grant of any retrospective benefits to the applicants. The respondents are to comply with our directions within a period of three months from the date of passing of this order. In pursuance of these directions, the DEA has reconsidered the matter and passed the impugned order. The demand of the applicants for induction into the entry grade of IES has been held as devoid of merit which cannot be acceded to.

(3.) The learned counsels Shri Santosh Kumar and R.N. Singh would appear respectively for the applicants and the respondents.