OA/155/2022 Page 1 of 5
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
OA/021/0155/2022
HYDERABAD, this the 28thday of March, 2024
Hon'ble Dr. Lata Baswaraj Patne, Judicial Member Hon'ble Ms. Shalini Misra, Administrative Member
K.Appa Rao S/o Late Sri K.Venkanna, Occ:Sr. Technical Assistant, Aged about 54 years, Centre for Development of Advance computing, R/o Flat No.301, Kubera Complex, Musheerabad X roads, Hyderabad - 500020 Telangana State.
... Applicant.
(By Advocate: Mrs. C Vani Reddy)
Vs.
1. Union of India, Rep. by its Secretary, Ministry of Electronics and Information Technology (MEITY) (Govt. of India) Electronics Niketan, 6 CGO Complex, Lodhi Road, New Delhi - 110003.
2. The Director General, Centre for Development of Advanced computing, Innovation Park, S.no.34/1 Panchavati Pashan,
PUNE-411008, Maharashtra State.
3. The Executive Director, Centre for Development of Advanced computing, Anusandhan Bhavan, C-56/1, Sector-62, Institutional Area, Noida -201309, Uttar Pradesh (India).
4. The Director, Centre for Development of Advanced computing, Plot No.6&7, Hardware Park, Sy.No.1/1, Srisailam Highway, Pahadishareef via Keshavagiri post, Hyderabad 501510.
5. Mrs. P.R. Laxmi Eshwari W/o Not known, Director & Centre Head, Centre for Development of Advanced computing, Plot No.6&7, Hardware Park, Sy.No.1/1, Srisailam Highway, PahadiShareef via Keshavagiri post, Hyderabad 501510.
6. Mr.M.V. Nageswara Rao, S/o not known Manager (Admin), Centre for Development of Advanced computing, Plot No.6&7, Hardware Park, Sy.No.1/1, Srisailam Highway, PahadiShareef via Keshavagiri post, Hyderabad 501510
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7. Mrs Jyotsna Grandhi, W/o Not known Joint Director, Centre for Development of Advanced computing, Plot No.6&7, Hardware Park, Sy.No.1/1, Srisailam Highway, PahadiShareef via Keshavagiri post, Hyderabad 501510.
8. Mr.Mahesh Uttam Patil, S/o Not known, Associate Director, Centre for Development of Advance computing, Plot No.6&7, Hardware Park, Sy.No.1/1, Srisailam Highway, PahadiShareef via Keshavagiri post, Hyderabad 501510.
9. Mrs. J.Sailaja, W/o Not known, Personal Secretary to centre Director (Stenographer) Centre for Development of Advanced computing, Plot No.6&7, Hardware Park, Sy.No.1/1, Srisailam Highway, PahadiShareef via Keshavagiri post, Hyderabad 501510.
10. Mr. Yesho Nagaraju, Centre for Development of Advanced computing,Plot No.6&7, Hardware Park, Sy.No.1/1, Srisailam Highway, PahadiShareef via Keshavagiri post, Hyderabad 501510
11. Mr. Ramu Parupalli Centre for Development of Advanced computing, Plot No.6&7, Hardware Park, Sy.No.1/1, Srisailam Highway, PahadiShareef via Keshavagiri post, Hyderabad 501510
12. Mr.A.Sridhar Centre for Development of Advanced computing, Plot No.6&7, Hardware Park, Sy.No.1/1, Srisailam Highway, Pahadi Shareef via Keshavagiri post, Hyderabad 501510
13. Mrs. Chandrakala. G Centre for Development of Advanced computing, Plot No.6&7, Hardware Park, Sy.No. 1/1, Srisailam Highway, PahadiShareef via Keshavagiri post, Hyderabad 501510 ... Respondents
(By Advocate: Mrs. B Gayatri Varma, Sr. CGSC)
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ORAL ORDER
(As per Hon'ble Dr. Lata Baswaraj Patne, Judicial Member)
Heard Mrs. C Vani Reddy, learned counsel for the applicant and Mrs. B Gayatri Varma, learned counsel for the respondents.
2. By this Original Application the applicant is seeking the following relief(s):
"a) to call for the records pertaining to impugned order dt.10.08.2021 issued by 1 Respondent and set aside the same by declaring the action of the official respondents as bad, illegal, arbitrary. discriminatory and violative of Art 14,16 of the Constitution of India and consequently direct the respondents to promote the Applicant to the [post of Technical Officer Group B in the Grade pay of Rs 5400( in the scale of Rs 9300- 34800) w.e.f 01-07-2016 i.e from the date of his eligibility with all consequential benefits;
b) To call for records of unofficial Respondents regarding their engagement in C-DAC and on what basis they have given promotion and set aside their promotion by recovering the amounts paid to them against their eligibility as same is against rules made under 309 of Constitution of India and pass such order or orders as deemed fit and proper in the circumstances of the case."
3. The present O.A. is being filed against order dated 10.8.2021 for not promoting the applicant for the post of Technical Officer in Group B post in the Grade Pay of Rs. 5400 (in the scale of Rs 9300-34800), while the official respondents, without any policy, are promoting those who have been engaged on contract and outsourcing basis. The Hon'ble Tribunal while disposing the OA/021/069/2021, directed the respondents to dispose of representation dt. 30.05.2020 by issuing a speaking order. The respondents, instead of giving promotion, passed an impugned order without assigning any reasons on what basis contract personnel were given promotion and why the applicant was denied promotion, though he fulfilled the bench mark. It is further contended by the applicant that no quantitative assignment was done; hence, the interview process is only a formal exercise. Being aggrieved, the applicant filed the present O.A.
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4. After notice, the respondents have appeared through their counsel, filed a detailed reply and opposed the relief on the ground that the applicant joined C-DAC as Technical Assistant in the pay scale of Rs. 5000-8000 on 12.05.1997. After completion of Minimum Residency Period (MRP) of 05 years of service, he was interviewed for promotion in 2002 but was found 'NOT FIT'. In 2003, the applicant was again considered for promotion and was promoted to the next level i.e., the scale of pay of Rs. 5500-9000. He completed the MRP for next- level promotion in 2008, but promotions in C-DAC were not considered because C-DAC was under process of making a new promotion policy for the merged entity. In 2010, C-DAC carried out a one-time promotion exercise in which the applicant was promoted to the next scale of pay, i.e., 6500-10500. In 2015, he completed his MRP for next level promotion. However, his APAR score was below 85%, and he was not screened in. During the subsequent years 2016, 2017, 2018 & 2019, he was screened-in for promotion and interviewed. However, the committees found him 'NOT FIT' for promotion.
5. Heard both sides and perused the records.
6. When the matter is taken up for consideration, the learned counsel for the respondents submits that the applicant has accepted the promotion to the post of Technical Officer (Level 9) w.e.f. January 1, 2024 which was issued vide order dated 29.12.2023. As the applicant has accepted the said promotion; therefore, nothing survives for adjudication. However, the learned counsel for the applicant raised the grievance that the applicant has been denied his entitled benefit of pay fixation as well as regular promotion. The learned counsel for the respondents further submitted that when there is no policy, the respondents have to apply some ratio and consider the cases of regular employees for promotions, however,
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the respondents are giving promotions to those employees who have been appointed through outsourcing. Therefore, the applicant has made the party respondents to these employees from respondent no. 5 to 13.
7. It is to be noted that while considering the case of the applicant, which was placed before the screening committee from 2017, 2018 and 2019, so far the applicant has scored below the benchmark. Hence, the applicant's case has not been considered. Finally, the applicant's case has been considered for promotion by the screening committee in the year 2023 and accordingly, the applicant has been given promotion w.e.f. January 1, 2024, which has been accepted by the applicant.
8. In view of the same, nothing survives for adjudication in this O.A. For left-over grievances, the applicant may avail the appropriate remedy before the appropriate authority. Accordingly, MA/156/2024, filed by the respondents is allowed. The O.A. is disposed of. Other MA(s), if any, stand closed. No order as to costs.
(MS. SHALINI MISRA) (DR. LATA BASWARAJ PATNE)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
/SB/
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