ORDER

Hon’ble Dr. Chhabilendra Roul, Member (A) By way of this OA, the applicants have sought the following reliefs:

“8. a QUASH the Order F.No.V-13011/1/2023-BAE dt. 14.12.2023, passed by the Respondent No.1, and b. DIRECT the Respondents to fill up the posts of Assistant Director (Engineering), from the eligible persons, strictly in accordance with the recruitment rules dt. 4.11.1981 (as amended till date) of the post of Assistant Director as provided in the Indian Broadcasting (Engineers) Services (hereinafter referred to as IB(E)S, without giving any relaxation contrary to the rules, AND c. GRANT cost in favour of the Applicants and PASS any other or further order(s), in favour of the Applicants, which this Hon’ble Tribunal may deem fit, just & proper in the abovementioned facts & circumstances.”

2. The applicants, two in number, joined as Engineering Assistant on 16.08.1994 and 01.01.1996 respectively. Thereafter, they were promoted to the post of Senior Engineering Assistant on 23.09.2019 and 21.09.2019 respectively and Assistant Engineer only on 01.01.2024. Learned Senior Counsel representing the applicants submits, that as no DPC was convened by the respondents between the years 1994 to 2019, similiarly placed persons approached this Tribunal in OA No. 180/2015 which was disposed of on 23.12.2016. It was only in compliance of the orders passed in O.A. 180/2015 that the respondents convened the DPC, and the applicants were promoted to the post of Assistant Engineer on 01.01.2024. Detailing the grievance of the applicants, learned senior counsel submits that by invoking the relaxation clause the diploma holders working with the AIR/DD have been promoted by an order dated 14.12.2023 to the post of Assistant Director (E) in the cadre of JTS of IB(E)S against the posts earmarked for the direct recruitment quota, which is in complete violation of the Recruitment Rules. He states that the notice in the instant O.A. was issued on 18.12.2023, whereby the following order was passed :- <br/>

“The applicants are aggrieved by the communication dated

14.12.2023, vide which one-time relaxation is being given in requisite educational qualification in the Indian Broadcasting (Engineers) Service Rules.

Issue notice to the respondents. Mr. Rajeev Kumar, learned counsel accepts notice on behalf of Respondent No. 1. Mr.

KunalGoswami, who appears as proxy to Ms. Vertika Sharma, learned counsel for Respondent No. 2, accepts notice.

Learned counsel for the applicants presses for consideration on the applicants' prayer for interim relief as set forth in para 9 of the OA, by way of stay in operation of the impugned communication submitting that the respondents are likely to make appointments further affording this relaxation any time now.

Learned proxy counsel appearing for Respondent No. 2 prays that the matter may be adjourned on the ground that the arguing counsel is not available today to assist us in adjudicating the matter on interim relief. Meanwhile, the respondents are directed not to take any precipitate action to frustrate this OA.”

2.1 Learned counsel for the applicants submits that in spite of a clear direction of this Tribunal, the respondents have gone ahead and issued the order dated 17.02.2024, whereby the diploma holders have further been granted Junior Time Scale. Accordingly, the applicant presses for interim order or an urgent hearing in the OA. The counter affidavit has been filed by the official respondents. Learned counsel appearing on behalf of the private respondents submits that he would adopt the reply filed on behalf of the official respondents. Therefore pleadings qua the private respondents are also complete.

3. We have heard the learned counsel for the parties with their consent, at this stage itself.

4. MA No.106/2024 has been filed by the applicants seeking impleadment of DOP&T and UPSC in the array of the parties. Since