Central Administrative Tribunal - GauhatiSri Korak Baran Chowdhury vs M/O Personnel,Public Grievances And ... on 9 April, 20211\n\n\n\n\n     CENTRAL ADMINISTRATIVE TRIBUNAL\n            GUWAHATI BENCH\n\n  Original Application No. 041/00171/2020\n\nDate of Order: This, the 09th Day of April, 2021\n\nTHE HON'BLE SMT. MANJULA DAS, MEMBER (J)\n\nTHE HON'BLE MR. NEKKHOMANG NEIHSIAL, MEMBER (A)\n\n\nSri Korak Baran Choudhury\nS/o Lt. Ajit Ranjan Chowdhury\nPrantik, Old Kalibari Road\nKrishnanagar, P.O. - Agartala\nPin - 799001, District - West Tripura.\n                                                 ... Applicant\n\n  - Versus -\n\n1. The Union of India\n   Represented by the Secretary\n   To Government of India\n   Ministry of Personnel, Public Grievance &\n   Pension, Department of Personnel & Training\n   Govt. of India, Central Secretariat\n   New Delhi - 110001.\n\n2. The Union Public Service Commission\n   Dholpur House, Shajahan Road\n   New Delhi - 110001, represented by its Secretary.\n\n3. The Chairman\n   Selection Committee for Selection to the\n   Indian Administrative Service\n   Constituted under Regulations 3 of the\n   IAS (appointed by promotion)\n   Regulations, 1955\n\n\n\n\n                                         O.A. No. 040/171/2020\n                            2\n\n\n\n\n    Represented by its Chairman\n    Union Public Service Commission\n    Dholpur House, Shajahan Road\n    New Delhi - 110069.\n\n 4. The State of Tripura\n    Represented by the Secretary\n    GA (P&T) Department\n    Government of Tripura\n    New Secretariat, Pin - 799010\n    Agartala, Tripura.\n\n                                            ...Respondents.\n\nFor the Applicant      :       Sri C.S. Sinha\n\nFor the Respondents    :       Sri S.K. Ghosh for resp. No. 1\n                               Sri D.C. Roy for res. No. 4.\n\n\nDate of Hearing: 12.03.2021          Date of Order: 09.04.2021\n\n\n                      ORDERNEKKHOMANG NEIHSIAL, MEMBER (A):-After repeated adjournments due to non-filing of\n\nwritten statement by respondent Nos. 1, 2 & 3, the case\n\nwas finally taken up on 12.03.2021 in Circuit Court at\n\nAgartala. Sri C.S. Sinha, l earned counsel for the\n\napplicant, Sri S.K. Ghosh, learned Addl. CGSC for\n\nrespondent No. 1 and Sri D.C. Roy, learned counsel for\n\nrespondent No. 4 were present.O.A. No. 040/171/202032.          In this O.A., applicant is asking for the following\n\nreliefs:-"8.1 That, the Hon'ble Tribunal be pleased to direct\n                      the        respondents         to        consider\n                      promotion/appointment to IAS against the\n                      vacancies of IAS Tripura cadre for the Year 2015\n                      as per the Select List recommended by the Select\n                      Committee with all consequential service benefits.8.2   That, the Hon'ble Tribunal be pleased to declare\n                       the decision in letter No. 22012/1A/2020-AIS(!)\n                       dated 7th February, 2020 and Note sheet in F.N.\n                       14015/29/2017-AIS(1) issued by the Ministry of\n                       Personnel,      Public    Grievances    &   Pension,\n                       Department of Personnel & Training, Government\n                       of Tripura, is unjustified, unreasonable and bad in\n                       law.8.3   The Hon'ble Tribunal would be pleased to pass\n                       any other relief (s) which may deem fit and proper\n                       in the instant case.8.4. Any other relief entitled to the applicant."3.          The respondent No. 4 had filed his written\n\nstatement on 12.01.2021. Sri D.C. Roy, learned counsel\n\nappearing for respondent No. 4 submitted that the duty\n\nof State Govt. of Tripura is only to send proposal to the\n\nUnion Public Service Commission through the Govt.\n\nSelection Committee Meeting and the Minutes of the\n\nSelection Committee Meeting held on 29.10.2019 is\n\nenclosed herewith for perusal. The decision to promote\n\nor not to promote the applicant is of the Govt. of India,\n\n\n\n\n                                                     O.A. No. 040/171/20204Department of Personnel and Training and respondent\n\nNo. 4 does not have any comment to offer.4.      Facts   of   the   case   are   that   -   Selection\n\nCommittee for promotion to Indian Administrative\n\nService (IAS) from Tripura State Civil Services (TSCS) was\n\nheld on 29.10.2019. In the Minutes of the Selection\n\nCommittee, name of the applicant has been indicated\n\nand found suitable for promotion to IAS. The vacancy\n\nyear under consideration was of 2015. However, the\n\napplicant had retired on 30.06.2019 and subsequently,\n\nhe has not been promoted to IAS. The date of birth of\n\nthe applicant be 25.06.1959. Through RTI query, the\n\napplicant has been informed through the Govt. of India,\n\nMinistry of Personnel, Public Grievances & Pensions vide\n\nits letter dated 7th February 2020 that the applicant\n\ncould not be promoted to IAS as he had ceased to be\n\nmember of State Civil Service on the date of issuing\n\nNotification.5.      The plea of the applicant is that since the\n\nvacancy year for which he was selected pertains to\n\n\n\n\n                                          O.A. No. 040/171/202052015 and vacancies were available in that year and\n\nalso since he has been found fit for promotion to IAS, he\n\ncould not be denied the promotion to IAS from that\n\nyear. He also enclosed a copy of adjudication of\n\nErnakulam Bench of Central Administrative Tribunal in\n\nO.A. No. 153 of 2011 (Saramma K.S. Vs. Union of India &\n\nOrs.) dated 04.04.2011wherein it was observed as\n\nunder:-"Since the very relief sought for in the OA is for a\n              direction to issue notification which has been done\n              by the Government, there is no lis pending\n              between the parties for adjudication as of now. All\n              that is required is to clarify that since the claim for\n              consideration arose during the period when the\n              applicant was in service the retirement of the\n              applicant will not adversely affect such claim for\n              consideration. Hence, the interim order is only to\n              that effect and we make the interim order\n              absolute."6.      Keeping in view of the above similar case, we\n\ndeem it fit and proper to direct the respondent\n\nauthorities particularly respondent No. 1 (Secretary to\n\nGovernment of India, Ministry of Personnel, Public\n\nGrievance & Pension) to examine the case of the\n\napplicant and consider him and issue details speaking\n\n\n\n\n                                                O.A. No. 040/171/20206order within a period of three months from the date of\n\n     receipt copy of this order.7.     With the above directions, O.A. stands disposed\n\n     of.8.     No order as to costs.(NEKKHOMANG NEIHSIAL)              (MANJULA DAS)\n          MEMBER (A)                      MEMBER (J)\n\n\n\n\nPB\n\n\n\n\n                                           O.A. No. 040/171/2020