CP No. 305 of 2013 in OA No. 1324 of 2004. Case: Rudranath Sanyal and Presently working as TV Assistant News Vs Shri U.K. Verma, Secretary, Ministry of Information & Broadcasting, Govt. of India. Central Administrative Tribunal

Case NumberCP No. 305 of 2013 in OA No. 1324 of 2004
CounselFor Appellant: Shri Kailash Basudav, Learned Senior Counsel and Shri J.K. Singh, Advocate and For Respondents: Shri D.S. Mehandru, Advocate
JudgesG. George Paracken, Member (J) and Shekhar Agarwal, Member (A)
IssueService Law
Judgement DateMay 15, 2014
CourtCentral Administrative Tribunal


G. George Paracken, Member (J), (Principal Bench, New Delhi)

  1. This Contempt Petition has been filed by the petitioner alleging non-compliance of the Order of this Tribunal dated 28.4.2008 in OA No. 1324/2004. Being a short Order, the same is reproduced in full as under:-

  2. Heard the counsel.

  3. As rules by the Apex Court in Food Corporation of India vs. Parashotam Das Bansal 2008 (2) SCALE 205 that despite a provision of Assured Career Progression Scheme, promotional avenues in the service jurisprudence are necessarily to be bestowed upon a Government servant.

  4. In the light of above, applicant, who is a TV Assistant News Correspondent, seeks encadrement for grant of promotion, which is not permissible in law, as in policy decision creation of posts is prerogative of the Government, yet keeping in light the dicta of the Apex Court (supra), respondents are directed to consider the claim of the applicant for creation of promotional avenues to remove any heart burning within the cadre. This shall be done, on a thorough consideration, by passing a speaking order within a period of three months from the date of receipt of a copy of this order.

  5. In view of above, OA stands disposed of. No costs.

  6. As the aforesaid directions of this Tribunal have not been complied with, the petitioner has filed Contempt Petition No. 309 of 2008 and the same was disposed of vide Order dated 15.1.2009. Being a short Order, the same is reproduced in full as under:-

  7. Heard the counsel on both sides.

  8. MA as well as CP are disposed of with a direction to the respondents to take a final decision as to compliance our directions in true letter and spirit may be in consultation with the appropriate authorities within a period of three months from today. If directions are not complied with, liberty is granted to the applicant to revive CP which is accordingly disposed of. Notices are discharged.

  9. Thereafter respondents in purported compliance of the aforesaid directions passed Office Memorandum dated 12.9.2008 which reads as under:-

    NO 515/44/2004-BA(E)
    New Delhi, dated the 12th September, 2008

    Subject: O.A. No. 1324/2004 filed by Shri Rudranath Sanyal, TV Assistant News Correspondent in CAT, PB, New Delhi.

    Shri Rudranath Sanyal, TV Assistant News Correspondent, DG News Delhi has filed an O.A. No. 1324/2004 v/s UOI before CAT, Principal Bench, New Delhi seeking the following relief:-


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