Central Administrative Tribunal
Employment and Labour LawAdministrative and Public Law

Court directs consideration for permanent absorption in accordance with rules.

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

Central Administrative Tribunal2 MIN READSOURCE JUDGMENT
Court directs consideration for permanent absorption in accordance with rules.. Prem Prakash Gupta v. Union of India and Ors., O.A. No. 2480/2018. Central Administrative Tribunal. LawLens
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
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

Central Administrative Tribunal

Original Court PDF

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

Central Administrative Tribunal

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment