Reply to Representations Regarding Promotions – Supreme Court Judgment

Immediate/Court Case

F. No. 19/2/2015-CS.II(B)(Part)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

CS.II(B) Section

3rd Floor, Lok Nayak Bhawan

Khan Market, New Delhi-11003

Dated 15th October, 2018

OFFICE MEMORANDUM

Subject:- Reply of the representations received as per directions of the judgment dated 31.07.2018 of the Hon’ble Supreme Court in Civil Appeal No. 7407/2018[arising from SLP(C) No. 10342/2015] titled Pankaj Kumar Mishra & Ors. Vs UOI & Ors.-reg.

The undersigned is directed to say that the Hon’ble Supreme Court, while disposing of the SLP No. 10342/2015, vide its judgment dated 31.07.2018 has granted the following liberty to the appellants:-

“……. Therefore, we grant liberty to the appellants to point out such instances of promotions granted contrary to Rules, within a period of two months from today. The Competent Authority shall examine such instances and take appropriate remedial steps to ensure that the promotions are done only as per Rules. The appellants concerned or any other affected party shall also be given an opportunity of hearing in the process. The needful, as above, will be done within a period of four months from the date of receipt of the representation”.

2. In view of above, the appellants concerned were expected to have submitted their representations by 30th September, 2018 i.e. within two months from the date of judgment. However, twenty (20) representations have been received so far in this Department. A list of persons from whom representations have been received is placed at ANNEXURE-I. If any other appellant has made a representation to this Department before 30.09.2018 and his / her name is not appearing in the list, he/she may approach personally to US [CSCS], 3rd Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110003, latest by 22.10.2018 with a copy of the representation already submitted (within a period of two months from 31.07.2018) along with a proof of submission of the same to the authority. If such representation as stated in the preceding lines is not received by the above stipulated date, the representations as detailed in ANNEXURE-I shall be treated to have been received finally.

(K. Salli Kumar)

Under Secretary to the Govt. of India

Telefax:- 24624020

To,

All appellants of SLP No. 10342/2015 and other affected parties.