CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00007/2023 DATED THIS THE 05TH DAY OF FEBRUARY, 2024 CORAM:

HON’BLE MS. JUSTICE S. SUJATHA, MEMBER (J)

HON’BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)

Harish Lodhi, S/o Sri Sheoraj Singh, Aged 33 years, working as Hindi Typist, U R Rao Satellite Centre, ISRO, HAL Airport Road, Vimanapura Post, Bengaluru 560 017 Residing at B-127, Block-16, ISRO Housing Colony, Domluru 2^nd Stage, Bengaluru 560 071 …..Applicant (By Advocate Shri A.R. Holla)

Vs.

1. Union of India By Secretary.

Department of Space, ISRO Head Quarters, Anthariksha Bhavan, New BEL Road, Bengaluru 560 094

2. The Director, U R Rao Satellite Centre, HAL Airport Road, Vimanapura Post, Bengaluru 560 017

3. The Senior Head P&GA U.R. Rao Satellite Centre, HAL Airport Road, Vimanapura Post, Bengaluru 560 017 ….Respondents (By Shri N. Amaresh, Senior Panel Counsel)

O R D E R (ORAL)

PER: RAKESH KUMAR GUPTA, MEMBER (A)

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

a) To direct the respondents to consider the representation dated

22.02.2022, Annexure-A19, submitted by the applicant to evaluate the portion of his answer paper written in Hindi in the examination held for promotion to the post of Senior Assistant in 2020, and consider the marks scored by him in the written test held in 2020 for promotion to the post of Senior Assistant with consequential benefits and b) Grant such other relief as deemed fit, having regard to the facts and circumstances of the case.

2. The facts of the case, as pleaded by the applicant in his pleadings, are as follows:

a) The applicant joined the U.R. Rao Satellite Centre, Bengaluru in 2015 to the post of Hindi Typist vide order dated 26.11.2015. The next higher post in the hierarchy is the post of Senior Assistant. The applicant is required to pass the departmental examination in order to be promoted to the post of Senior Assistant.

b) The applicant expressed his willingness to appear for the written test for the higher post of Senior Assistant vide letter dated 18.01.2019. He also expressed his willingness to write the answers in Hindi in the written test. However, the questions were in English only when the examination was held. In these circumstance, the applicant submitted a representation to the Respondent No. 3 on 16.05.2019 with a request to permit him to appear in the re-examination and write answers in Hindi.

c) In response to the above request of the applicant, he was informed by a memorandum dated 03.06.2019 that his request cannot be acceded to, since the representation was submitted after declaration of the written examination results. The applicant submitted another representation to the Respondent No. 3 on 17.06.2019 with a request to give him another chance to appear and write examination in Hindi language. The request of the applicant for re-examination has been turned down by an order dated 04.07.2019. The applicant has been informed that with regard to answering the descriptive portion of general knowledge in Hindi, clarification was being sought from ISRO Head Quarters.

d) Thereafter, the applicant submitted a representation to the Controller, U.R. Rao Satellite Centre, on 03.01.2020 stating that it is mandatory for the organization to hold departmental examinations in General Knowledge both in English and Hindi in accordance with the Annual Programme 2019-20 of Home Ministry of the Government of India. Accordingly, the applicant sought clarification in the matter.

Thereafter, a circular was issued on 07.01.2020 stating that a written test for promotion for the post of Senior Assistant would be held on 01.07.2020 and the eligible candidates (the applicant was included in the list) were directed to give their willingness. A copy of the said circular is produced herewith as Annexure-A9. Accordingly, the applicant exercised his option for written test for the post