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Central Administrative Tribunal
Principal Bench
New Delhi
OA No.2594/2017
MA No.3814/2018
This the 21st day of December, 2018
Hon’ble Mr. Justice L. Narasimha Reddy, Chairman
Hon’ble Mr. K. N. Shrivastava, Member (A)
Dr. Rama Kant Singh, aged 55 years
S/o late Shri Ishwari Singh,
Working as Director (AE) presently posted in the
Office of DDG (DGCA) Bangalore,
R/o 369, Kanena Agrahara,
Airport Exists Road, Vimanpura Post,
Bangalore-560017.
… Applicant
( By Mr. A. K. Behera with Mr. Yogesh Sharma, Advocates )
Versus
1. Union of India through Secretary
Ministry of Civil Aviation,
Govt. of India, Rajiv Gandhi Bhawan,
New Delhi.
2. Director General of Civil Aviation,
Technical Centre, Govt. of India,
Rajiv Gandhi Bhawan,
New Delhi.
3. Union Public Service Commission
through its Secretary,
Shahjahan Road,
New Delhi.
… Respondents
( By Mr. Amit Anand and Mr. Ashok Kumar, Advocates )
OA-2594/2017
2
O R D E R
Justice L. Narasimha Reddy, Chairman :
The applicant joined the service in the Ministry of Civil
Aviation as Project Officer, in the office of Director General,
Civil Aviation (DGCA), in 1993. He was promoted to the post
of Senior Scientific Officer in the year 2003. The post has since
been re-designated as Assistant Director (AE) (for short, AD
(AE)). On completion of five years of service in that post, an
incumbent becomes eligible to be considered for promotion to
the post of Deputy Director (AE) (for short, DD (AE)). It is
stated that though the applicant was the senior most officer to
be considered for promotion to the post of DD (AE), his case
was not considered in the year 2008, and major penalty charge-
sheet was issued on 12.02.2009. The charges are said to have
been dropped vide order dated 05.08.2010.
2. The appointment to the post of DD (AE) is partly
through promotion, and partly through direct recruitment.
Advertisement No.16 was issued in August, 2010 by the
respondents for direct recruitment. Pleading that the process
for direct recruitment was initiated without taking any steps for
promotion to the post, the applicant filed OA No.2506/2011.
OA-2594/2017
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During the pendency of that OA, the applicant was promoted
to the post of DD (AE). The OA was ultimately dismissed on
05.09.2014. The applicant filed WP(C) No.5802/2015 before the
Delhi High Court, feeling aggrieved by the dismissal of the OA.
According to him, he was entitled to be promoted to the post of
DD (AE) with effect from the date on which the vacancy had
arisen. The writ petition was disposed of on 11.08.2016, taking
note of the fact that the applicant was already promoted, but
directing that a review DPC shall be held to consider the case of
the applicant for promotion with effect from an earlier date. It
is stated that in compliance of the judgment of the Delhi High
Court, the applicant was promoted to the post of DD (AE) w.e.f.
01.05.2009.
3. Promotion from the post of DD (AE) is to the post of
Director. The applicant contends that he became eligible to be
promoted to the post of Director w.e.f. 01.04.2012, but still he
was being treated as having been promoted w.e.f. 24.09.2015,
the date on which his juniors were promoted to that post. He
made a representation to the respondents with a request to treat
his promotion to the post of Director with retrospective effect
OA-2594/2017
4
against the vacancy of the year 2013-14. The representation was
rejected through order dated 01.05.2017. Hence, this OA.
4. The applicant contends that once wrong done to
him on account of the delay that occurred in the promotion to
the post of DD (AE) has been remedied, he was entitled to be
promoted as Director against the vacancy of the year 2013-14.
According to him, there existed a clear vacancy of the post of
Director in that year, and since there was no eligible candidate,
the DPC was not constituted at all. He contends that it was
only on conven
