Union Of India vs Bal Kishan
2021 Latest Caselaw 13074 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Civil Writ Petition No. 11247/2021

1. Union Of India, Through The Secretary, Ministry Of Defence, Sena Bhawan, New Delhi

2. Director General Of Ordnance Services (Os-8C), Mgo's Branch, Army Ordnance Corps Hq's South Western Command, Jaipur - 908546 C/o 56 Apo

3. Major General, Army Ordnance Corps Hq's South Western Command, Jaipur - 908546 C/o 56 Apo

4. Officer-In-Charge, Army Ordnance Corps Records, Pin -

900453 C/o 56 Apo

5. Commandant, 27 Field Ammunition Depot, Pin - 909427 C/o 56 Apo

----Petitioners Versus

1. Bal Kishan S/o Puran Chand, Aged About 37 Years, C/o 27, Fad, C/o 56 Apo Pin - 909427 Presently Working On The Post Of Fire Engine Driver B In The Office Of Commandant 27 Fad C/o 56 Apo

2. Lal Chand Kamboj S/o Puran Chand, Aged About 34 Years, C/o 27 Fad, C/o 56 Apo Pin - 909427 Presently Working On The Post Of Fire Engine Driver B In The Office Of Commandant 27 Fad C/o 56 Apo

----Respondents

For Petitioner(s) : Mr. Mukesh Rajpurohit, ASG

(2 of 4) [CW-11247/2021]

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

25/08/2021

This writ petition under Article 227 of the

Constitution of India has been preferred on behalf of the

petitioners being aggrieved with the order dated

5.12.2019 passed by the Central Administrative Tribunal,

Jodhpur Bench (for short 'the CAT') in OA

No.290/00441/2015, whereby while allowing the OA

preferred on behalf of the respondents, the CAT has

directed the petitioners to send the names of applicant-

respondents for the next available General Course in Fire

Fighting and Senior Fire Supervisor Course at Center for

Fire, Explosive and Environment Safety (for short 'the

CFEES'), DRDO, Ministry of Defence, Government of India

Timarpur, New Delhi.

The respondents, who are working as Fire Engine

Driver 'A' have filed an OA before the CAT being

aggrieved with the action of the petitioners of not

sending them to undergo the CFEES course, though the

persons junior to them namely Shri Shish Ram and Shri

Vijay Kumar were sent for CFEES course. The

respondents have further raised a grievance that since

(3 of 4) [CW-11247/2021]

two fireman, junior to them namely Shri Shish Ram and

Shri Vijay Kumar have been sent for CFEES course, they

have been ignored illegally by the petitioners. It was

contended by the respondents before the CAT that the

CFEES course is prerequisite for further promotions and

action of the petitioners of not sending the respondents

for CFEES course denies them the opportunity for further

advancement and is bound to lead to a situation, in

which, their juniors namely Shri Shish Ram and Shri Vijay

Kumar eventually become senior to the applicant-

respondents on promotion. The representations filed by

the respondents before the petitioner-authorities were

rejected on the ground that the fireman Shri Shish Ram

and Shri Vijay Kumar have been detailed directly by unit

against vacancies released by command level.

The petitioners have filed reply to the OA before the

CAT, in which, while denying the claims of the

respondents, it was contended that the employees are

being detailed for CFEES course on some kind of centrally

seniority basis, however, the two employees Shri Shish

Ram and Shri Vijay Kumar were nominated directly by

unit against vacancies released by command level.

The CAT has come to the conclusion that the action

of the petitioners of ignoring the claims of the

(4 of 4) [CW-11247/2021]

respondents of not sending them for CFEES course is

arbitrary as no valid reason has been supplied for

overlooking the claims when admittedly the persons sent

for CFEES course are junior to them.

Having heard learned counsel for the petitioners and

taking into consideration the fact that as per own case of

the petitioners before the CAT that the employees are

being detailed for CFEES course on centrally seniority

basis and the persons namely Shri Shish Ram and Shri

Vijay Kumar are admittedly junior to the respondents, we

do not find any illegality in the impugned order passed

by the CAT.

Hence, no case for interference in this writ petition is

made out and the same is hereby dismissed.

Stay petition is also dismissed.

(VINIT KUMAR MATHUR),J (VIJAY BISHNOI),J

8-msrathore/-

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