Original Application No. 351/13 alongwith MA 201/2016. Case: 1 Pranav Acharya 2 Radhe Shyam Jawat 3 Dharmendra Kumar Vs 1 Union of India 2 Central Board of Excise & Customs 3. The Secretary to the Government of India 4. Raj Baksh Singh 5. Ranjeet Kumar Singh 6. Vivek Kumar 7. Sanjeev Kumar 8. Parnaw Kumar 9. Braj Lal 10. Nand Kumar Yadav 11. Ashish Kumar Verma 13. Vikram Kumar Vikrant. Central Administrative Tribunal
| Case Number | Original Application No. 351/13 alongwith MA 201/2016 |
| Counsel | For Appellant: Shri M. S. Rao, Adv. and For Respondents: Ms Prachi Upadhyay and Mr Joy Mathew, Advs. |
| Judges | Shri M. Nagarajan, Member (J) and Shri E K Bharat Bhushan, Member(A) |
| Issue | Constitution of India - Articles 12, 14, 16 |
| Judgement Date | October 28, 2016 |
| Court | Central Administrative Tribunal |
Order:
Shri E. K. Bharat Bhushan, Member(A), (Ahmedabad Bench)
1. The OA 351/16 has been filed by Shri Pranav Acharya and two others currently working as Stenographer Gr.I under the respondents against the decision of respondent no.3 to exclude the applicants from the zone of consideration while proposing to hold DPC for promotion to the grade of Inspectors, despite they being eligible as per the prevailing Recruitment Rules to be considered by the proposed DPC.
2 The relief sought in the OA is as follows:-
A Call upon the official respondents herein to forthwith place before this Honble Tribunal the entire original files/documents which gave rise to the issuance of the impugned communication dated 03.03.2016 at Annexure-A/1 hereto as also the reasons behind the deliberate arbitrary, unreasonable and the discriminatory failure on the part of the respondent no.3 to exclude the names of the applicants herein from the zone of consideration while proposing to hold a DPC for promotion to the grade of Inspector, even though the applicants herein are duly eligible in all respects as per the prevailing the recruitment rules for the post of Inspector of Central Excise, Customs & Service Tax, to be considered by the proposed DPC;
B Upon perusal of the same, this Honble Tribunal may be graciously further pleased to quash and set aside, holding the same as arbitrary, unreasonable & discriminatory and thus violative of the Articles 12, 14 and 16 of the Constitution of India, the impugned communication dated 03.03.2016 at Annexure A/1 hereto in so far as it seeks to exclude the names of the applicants herein from the zone of consideration while proposing to hold a DPC for promotion to the grade of Inspector, even though the applicants herein are duly eligible in all respects as per the prevailing the recruitment rules for the post of Inspector of Central Excise, Customs & Service Tax, to be considered by the proposed DPC;
C Be further pleased to hold and declare that (i) the applicants herein are duly eligible in all respects as per the prevailing the recruitment rules for the post of Inspect of Central Excise, Customs & Service Tax and (ii) the applicants herein are thus entitle as of right to be considered by the proposed DPC being convened by the respondent no.3 herein for grant of promotion to the post of Inspector of Central Excise, Customs & Service Tax;
D Be further pleased to issue appropriate direction/s to the respondents herein more particularly to the official respondents No.3 & 4 herein, to forthwith (i) include the names of the applicants herein in the zone of consideration and place their case before the proposed DPC for promotion to the grade of Inspector, (ii) issue appropriate directions to the formations below to conduct physical fitness for the applicants herein and (iii) grant promotion to the applicants herein as Inspector of...
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