Hon’ble Mr. Ashish Kalia, Member (J):

By filing the present OA, the applicant has prayed for

following reliefs:-

“1.

To

quash/set

aside

the

order

dated

13.07.2021 passed by the Joint Director, INMAS

2. To fix the notional seniority of the applicant in

the post of Technician ‘A’ as per date and merit

list of selection panel for the year 2010 for

theprupose

of

further

promotion/upgradation

under flexible complementing system applicable to

the cadre; and

3. To promote/upgrade the applicant to the grade

of

Technician

‘B’

w.e.f.

01.09.2015

and

Technician

‘C’

w.e.f

01.09.2020

with

all

consequential financial benefits on part with

applicant’s batch mates of 2010 notification who

joined the post in the organization, by relaxing

condition of physical service, where required, and

4. The applicant be paid full pay and allowances

for the post/grade of Technician ‘A’ w.e.f

01.06.2020 and for the post of Technician ‘B’

w.e.f 01.09.2015 and for the post of Technician

‘C’ w.e.f. 01.09.2020 as delay in appointment

was not due to the applicant, and/or

5. Any other orders as deemed fit & appropriate

by this Hon’ble Tribunal in the given facts and

circumstances.”

2. The brief facts of the case are the applicant was

working with the respondents as Technician ‘A’

Honorary Naib Subedar w.e.f. 30.11.1984. During his

tenure, he acquired equivalent qualification to post of

Technician

‘A’

of

Diploma

Course

in

Medical

Laboratory Technology (DMLT) in 2006-2007. The

applicant was retired on 01.12.2008 as Hononary Naik

3

Subedar

from

Armed

Forced

Medical

Services.

Thereafter, in 2009, he joined in Institute of Nuclear

Medicine & Allied Sciences (INMAS), Defence R&D

Organisation

(DRDO)

as

Nursing

Assistant.

In

November, 2009, CEPTAM-03 invited application for

the post of Technician-A. The applicant on being

eligible, applied in the same and he was allowed to

appear the written test on 07.02.2010. He cleared that

exam but the certificate issued by the authority

concern was questioned by the respondents and they

did not called him for interview test. Aggrieved by the

same, the applicant approached this Tribunal by filing

an OA No. 2351/2013 which was allowed with the

following observation:-

“7. In view of the above mentioned

communication and certificate, there should

be no doubt that the applicant fulfilled the

requisite

qualification

for

the

post

in

question. The OA is, accordingly, disposed of

with a direction to the respondents to

process the candidature the applicant for the

post of Technician ‘A’ in accordance with

prescribed

rules

and

procedure

as

expeditiously as possible and preferably

within a period of three months from the date

of receipt of a copy of this order. No costs.”

3.

The Department challenged the same by filing a

Writ Petition No. 9707/2016 before the Hon’ble High

Court of Delhi. The Hon’ble High Court dismissed this

Writ Petition by observing following points:-

4

“5. Learned counsel for the petitioner accepts

and admits that IPH & H, Mahipalpur has been

sponsored by Indian Army for conducting the

said diploma course for Army men so that they

can secure re-employment post retirement.

6. We are surprised on the stand of the

petitioners – Union of India, Ministry of

Defence and the Directorate General Medical

Services who assert and profess that the

diploma course should not be treated as

equivalent qualification and the respondent is

disqualified and not eligible for appointment on

the said ground. The assertion is clearly

contrary to the said letters/certificated.

7. The petitioners submit that the aforesaid

letter and certificate are merely internal

communications. This is not correct. Internal

communications are notings made on the files.

They remain internal notings until they are

communicated to the person concerned for

whom they are meant. In the present case, the

letter and certificate quoted above are

communications addressed by the DRDO to the

Director CEPTAM who had issued the

advertisement. The certificate