Decided on November 20,2023

B.N. Singh Appellant
UNION OF INDIA Respondents

Referred Judgements :-



V.KAMESWAR RAO,J - (1.)This petition lays a challenge to an order dated January 13, 2023 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ('Tribunal', for short) in OA 3589/2022, whereby the Tribunal has allowed the OA filed by the respondent No.4 herein by stating in paragraphs 8 & 9 as under:
"8. In view of the facts and circumstances of the case and after appreciating legal position in the matter of Delhi Jal Board vs. Mahinder Singh rendered in SLP (Civil) No. 11726/2000, the Hon'ble Supreme Court on 1/9/2000 has held as under:-

"The right to be considered by the Departmental Promotion Committee is a fundamental right guaranteed under Article 16 of the Constitution of India, provided a person is eligible and is in the zone of consideration." Meaning, the right of the employees for consideration for promotion does exist and the DoP&T has issued OMs time and again that DPC should be convened every year. A similar view was also taken in the matter of Badrinath Vs. Govt. of Tamil Nadu and Ors. rendered in AIR 2000 SC 3243, 2000 (6) SCALE 618, (2000) 8 SCC 395, 2000 Supp 3 SCR 573.

9. In view of the aforesaid discussion, we are of the firm opinion that the respondents shall convene review DPC for promotion of the applicant to the post of SW and SE (QS and C) retrospectively, if he is otherwise fit and eligible for the said posts, within a period of 60 days from the date of receipt of a certified copy of this Order."

(2.)At the outset, it may be stated here that the petitioners herein were not party in the OA 3589/2022 and they have filed the present petition on the ground that because of the impugned judgment of the Tribunal their seniority has been affected and the same could not have been done without making them party in the OA as it is a settled law that a civil right cannot be affected without granting hearing.
(3.)The facts that are noted from the record are, in the year 1985, the criteria of promotion from the post of Assistant Surveyor of Works ('ASW', for short) to Surveyor of Works ('SW', for short) has been prescribed in the Military Engineering Services (Surveyor of Works Cadre) Recruitment Rules, 1985 to mean ASW with four years regular service in the grade and has passed the final examination of the Institution of Surveyors (India) or equivalent.

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