OA No 497/2010 -Oral- on 05-09-2011

CENTRAL ADMINISTRATIVE TRIBUNAL

BANGALORE BENCH:BANGALORE

ORIGINAL APPLICATION NO.497/2010

DATED THIS THE FIFTH DAY OF SEPTEMBER, 2011

HON'BLE SMT LEENA MEHENDALE, MEMBER (A)

HON'BLE SHRI V.AJAY KUMAR, MEMBER (J)

Uttam Kumar Das,

S/o late Nitya Nanda Das,

Aged about 42 years,

Working as Supervisor

(under orders of termination)

Centre for  Air Borne Systems,

Ministry of Defence,

Defence Research and Development

Organisation, Yemlur Post,

Belur,

Bangalore - 560 037                                                                        ....   Applicant

(By Shri B.B.Bajentri, Advocate)(absent)

vs

1.The Director,

   Centre for Air Borne Systems,

   Ministry of Defence,

   Defence Research and Development

   Organisation, Yemlur Post,

   Belur, Bangalore - 560 037.

2.The Chairman,

    Service Committee,

    Centre for Air Borne Systems,

    Ministry of Defence,

    Defence Research and Development

    Organisation, Yemlur Post,

    Belur, Bangalore - 560 037.

3.The Director of Personnel (PERS-13),

    266, BRDO Bhavan,

    Rajaj Marg,

    New Delhi - 110 015.

                                                                                                              ....Contd./-

                                                            ..2..

4.Union of India,

   Represented by its Secretary,

   Ministry of Defence,

   South Block,

   New Delhi - 110 011,                                                            .... Respondents.

(By Smt P.K.Praneshwari, Additional Central Government Standing Counsel)

                                                            O R D E R (ORAL)

SMT LEENA MEHENDALE, MEMBER (A):

                        It is seen from the daily order sheet that the learned counsel for the applicant has neither  been remaining absent for the past many occasions nor seeking adjournments to any future date.

2.                     At para - 8.1 of the O.A.,  the applicant has prayed for a direction to the respondents to consider his claim  for absorption of his services  in the cadre of Supervisor and consider the representations dated  20.11.2010 and 04.12.2010 at Annexures - A6. and A7 which remain pending with the Department.  The respondents have not given any grounds  for not considering  and passing any orders on these representations.  The learned counsel for the respondents is present and  submits certain grounds as to why the representations could not be considered.  However, it is open to the respondents to consider and pass a speaking order on these  representations of the applicant. who belongs to the  department itself.  We feel that the remedy has to come from the Administration side in the present O.A and consideration seems to be lacking on the respondents' side.

                                                                                                            .....Contd./-

                                                            ..3..

3.                     We therefore direct the  respondents to consider the above mentioned   two representations and pass a speaking order within a period of 2 months from the date of receipt of the copy of this order.  No order as to costs.

(V.AJAY KUMAR)                                                              (LEENA MEHENDALE)

  MEMBER (J)                                                                           MEMBER (A)

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