Delhi High Court
Union Of India And Ors. vs All India Defence Civilian Clerks ... on 30 October, 2015
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10142/2015
Date of Judgment : 30th October, 2015
UOI & ORS. ..... Petitioners
Through : Mr. Arun Bhardwaj, CGSC with
Ms. Gunjan Bansal, Advocate.
versus
ALL INDIA DEFENCE CIVILIAN CLERKS ASOCIATION
OF AOR & RECORDS OFFICE & ANR. ..... Respondents
Through : Mr. U. Srivastava, Advocate.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G. S. SISTANI, J. (ORAL)
CAVEAT No. 1131/2015
1. Mr. Srivastava, Advocate enters appearance on behalf of the
caveator.
2. Caveat stands disposed of.
CM APPL. No. 24974/2015 (Exemption)
3. Exemption allowed subject to all just exceptions.
4. Application stands disposed of.
W. P. (C) 10142/2015
5. Challenge in this writ petition is to the order dated 20.02.2015
passed by the Central Administrative Tribunal. Since, the order
passed is very short, we deem it appropriate to reproduce the same.
" In para 13 of the counter reply filed on behalf
of the respondents, it has been stated that the Tribunal
may issue directions for approval of the cadre review
proposal of the Clerical Cadre of AOC within a
specific time bound manner for mitigating the
stagnation in the Clerical Cadre and removing the
disparities in comparison with Storekeeping Cadre
who are working in the aegis of same organization.
Para 13 of the reply reads thus :-
13. That consequently, it is pleaded
that the Hon ble CAT may issue
directions for approval of the cadre
review proposal of the Clerical Cadre of
AOC within a specific time bound
manner for mitigating the stagnation in
the Clerical Cadre and removing the
disparities in comparison with
Storekeeping Cadre who are working in
the aegis of same organization i.e., Army
Ordnance Corp; so that the clerical
cadre of AOC are benefitted by the
relative mobility in career progression
vis-`-vis the Storekeeping cadre.
2. Learned counsel for the parties are ad idem
that the OA may be disposed of with a direction to the
respondents to take action as committed in para 13 of
the reply (ibid) within a period of four weeks from the
date of receipt of a copy of this order.
3. Ordered accordingly. The OA stands disposed
of. No costs.
6. Mr. Bhardwaj, Advocate appearing for petitioner submits that para
13 of the counter affidavit filed before the Tribunal and which has
been reproduced in the order is unhappily worded. He further
submits that the intention of the petitioner (respondent before the
Tribunal) was simply to bring it to the notice of the Tribunal that a
Cadre Review Proposal of the Clerical Cadre of AOC was in place
and in a time bound manner, the same would be considered and
finalized. He further submits that the finalization of the proposal is
a long drawn process before the Cadre Review Proposal can be
finalized. After the proposal is prepared and finalized by the
Ministry of Defence, it is sent to the DoPT, thereafter to the
Department of Expenditure and to Department of Legal Affairs
which is a lengthy procedure and would required atleast 1½ years.
He also submits that the petitioners are sincere in their endeavour
which is evident from the fact that the proposal is already in place.
Mr. Bhardwaj further submits that the Tribunal has directed the
petitioner to take action as per para 13 of the counter affidavit
within four weeks which is humanly impossible.
7. Mr. Srivastava, learned counsel for the respondent/Caveator
submits that the respondents have been suffering for a long period
of time and petitioners should be bound down and directed to
comply the exercise in shortest possible time to mitigate their
stagnation.
8. Accordingly, we dispose of this writ petition with the consent of
the parties with following directions.
i) The petitioner No. 1/Ministry of Defence shall take all
necessary steps for finalization of the Review Proposal of the
Clerical Cadre of AOC within a maximum period of one
year from today.
ii) Since, the DoPT and Department of Legal Affairs are also
petitioners before us, we direct them to ensure the
compliance within four months thereafter.
iii) We expect that petitioners would sincerely comply with the
order and stick to the schedule which has been fixed at their
instance.
iv) A copy of this order will be brought to the notice of the
DoPT and Department of Legal Affairs.
9. Writ petition is disposed of.
10. Copy of the order be given dasti, as prayed.
CM APPL. No. 24973/2015 (Stay)
11. In view of the order passed in the Writ Petition, present application
is rendered infructuous.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
OCTOBER 30, 2015
gr
