CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI O.A. No. 528/2023 This the 21^st day of November, 2024 Hon’ble Mrs. Pratima K Gupta, Member (J) Hon’ble Dr. Chhabilendra Roul, Member (A)

1. SH. ANURUDDHA KUMAR SONI S/o- Sh. Prem Lal Soni R/o-41A, Delhi Govt. Admin Flat, Pocket B, Block A, Mayur Vihar Phase 2, Delhi-110091 Email: anurudhsoni@gmail.com ...Applicant (By Advocate : Applicant in person)

Versus

1. Govt. of NCT of Delhi Through Chief Secretary

3rd Delhi Secretariat, IP Estate, Delhi-110002 Email: csdelhi@nic.in

2. Dept. of IT (Cadre Controlling Unit)

Through its Secretary, Govt. of NCT of Delhi Level-9, Wing-B, Delhi Secretariat, Delhi-9

3. Dy. Secretary Dept. of IT (Cadre Controlling Unit)

Govt. of NCT of Delhi Level-9, Wing-B, Delhi Secretariat, Delhi-9 …Respondents (By Advocate: Mr. Amit Anand)

ORDER (ORAL)

By Hon’ble Ms. Pratima K Gupta, Member (J):

The applicant, who is present in person, submits that he has joined as Assistant Programmer on 19.07.2010 under the PWD quota. He claims the promotion for the post of System Analysis under the said quota. He submits that he was eligible for consideration for promotion in the year 2019 itself under the PWD quota and, therefore, preferred representation dated 18.11.2019 (Annexure A-9) seeking promotion, which has not been responded to by the respondents. Feeling aggrieved, he has preferred the present OA seeking the following reliefs:-

“A) Quash/Set aside the impugned letters dated 02.03.2022 bearing No F.20(1)/2020/ITC/811 and Letter dated 14.11.2022 bearing no. F.20(1)/2020/ITC/7365 issued in response to the various representations made by the applicant to the respondent no. 2. B) Direct the Respondents to give regular promotion to the applicant for the post of System Analyst or any other higher post applicable in terms of law under the reservation in promotion in the category of Persons with disabilities with immediate effect, Direct the respondents to produce all the records including entire communications related to the present case for adjudication of this present case before this Hon’ble Tribunal, C) Direction to the respondents to file roaster of vacancies in the promotion and the number of posts filled by promotion for employees with disabilities.

D) Direction to the respondents to provide the status of Backlog vacancies for promotion to employees with disabilities in the cadre of IT Dept. to the posts of System Analyst as well as Senior System Analyst since 1996 till date in all the separate categories of disabilities entitled for reservation in promotion in Disability Quota.

E) Direct the respondents to take necessary actions against the Nodal officials for non obedience of directions passed by Hon’ble Supreme Court of India in Union of India & Anr. Versus National Federation of the Blind & Ors. Civil Appeal No. 9096 of 2013 (Arising out of SLP (Civil) No. 7541 of 2009) for the proper strict implementation of reservation for person with disabilities in government departments.

F) Allow the cost of this application to the applicant.

G) Pass such other orders or reliefs as deemed fit and proper in the facts and circumstances of the case in the favour of the applicant and against the respondent.”

2. The applicant submits that in terms of the roster and the decision dated 03.02.2017 of the Hon’ble Apex Court in Civil Appeal No. 1567/2017 titled Siddaraju Vs. State of Karnataka & Ors. reiterated in judgment dated 30.06.2016 in W.P.(C) No. 521/2008, titled Rajeev Kumar Gupta Vs. Union of India, the Hon’ble Apex Court has conclusively decided the issue and as a consequence, the DOPT has issued an OM on 28.12.2023. He prays that the OA be decided in light of the aforementioned Apex Court judgments and DOPT OM dated 28.12.2023.

3. Mr. Amit Anand, learned counsel for respondents vehemently opposes the present OA. He submits that the applicant preferred the representation in the year 2019 and at that relevant point of time, though the decision of Hon’ble Apex Court was there, how