CAT - Delhi

Court directs consideration for permanent absorption in accordance with rules.

Prem Prakash Gupta v. Union of India and Ors., O.A. No. 2480/2018

CAT - Delhi2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, Prem Prakash Gupta, an Accountant in Group 'C', filed an O.A. seeking two primary reliefs: (i) a direction to respondents no. 2 and 3 not to repatriate him to his parent department, and (ii) a direction to respondents no. 2 and 3 to consider him for permanent absorption in their office according to the Rules

Source reference: p.2, para. 1

The respondents contested the claim and filed a counter affidavit

Source reference: p.2, para. 2
02

Issues

Whether respondents no. 2 and 3 should be directed not to repatriate the applicant to his parent department

Source reference: p.2, para. 1

Whether respondents no. 2 and 3 should be directed to consider the applicant for permanent absorption with their office as per the Rules

Source reference: p.2, para. 1
03

Law Applied

The application was filed under Section 19 of the Administrative Tribunal Act, 1985

Source reference: p.2, para. 1

The court relied on the principles of considering claims for permanent absorption in accordance with relevant rules and instructions

Source reference: p.3, para. 5; p.3-4, para. 6
04

Reasoning

The applicant's counsel initially sought both reliefs but later submitted that the first relief (non-repatriation) was no longer pressed as the applicant had already been repatriated and joined his parent department in Kanpur

Source reference: p.3, para. 3

Consequently, the first relief was disposed of as not pressed

Source reference: p.3, para. 3

Regarding the second relief, the applicant's counsel expressed satisfaction if the O.A. was disposed of with a direction to respondents no. 2 and 3 to consider the applicant's claim for permanent absorption under them as per the Rules

Source reference: p.3, para. 5

The respondents' counsel had no objection to this limited direction

Source reference: p.3, para. 5

Therefore, without delving into the merits and with the consent of both parties' counsels, the Tribunal decided to issue a limited direction for the consideration of the applicant's claim

Source reference: p.3-4, para. 6
05

Holding

The O.A. was disposed of with a limited direction to respondents no. 2 and 3 to consider the applicant's claim for permanent absorption under them in accordance with the relevant rules and instructions on the subject

This consideration is to be made by passing a reasoned and speaking order as expeditiously as possible, preferably within 6 weeks of receiving a certified copy of the order

Source reference: p.4, para. 6

There was no order as to costs

Source reference: p.4, para. 7
CAT - Delhi

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Prem Prakash Gupta v. Union of India and Ors., O.A. No. 2480/2018

CAT - Delhi

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