Allowed

The Central Provident Fund Commissioner v. H S Prakash

Karnataka HC9 Aug 2021WP/51266/2019

Case brief

AI extract

What is this about?

A common order was passed in six writ petitions filed by the Central Provident Fund Commission N.Employees' Provident Fund Organization against orders of the Central Administrative Tribunal. The Court held that as the recruitment examination was already held, the organization was entitled to issue consequential promotions and directed the impugned order be set aside.

What did the court decide?

Impugned order of the Tribunal set aside. Petitioner-organization directed to issue contemplative promotion order within 30 days. Writ petitions allowed.

The Central Provident Fund Commissioner Vs… — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF AUGUST, 2021

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PRESENT

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THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO. 51266/2019

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C/W

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WRIT PETITION NO.51462/2019 WRIT PETITION NO.52857/2019 WRIT PETITION NO.5447/2020 WRIT PETITION NO.6903/2020 WRIT PETITION NO.7613/2020 WRIT PETITION NO.8369/2020 (S-CAT)

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IN WRIT PETITION NO.51266/2019

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BETWEEN

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1 . THE CENTRAL PROVIDENT FUND COMMISSIONER HEAD OFFICE EMPLOYEES' PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, NO 14, BHIKAJI CAMA PLACE, NEW DELHI – 110 066

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2 . THE REGIONAL PROVIDENT FUND COMMISSIONER EXAM HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066

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3 . THE REGIONAL PROVIDENT FUND COMMISSIONER - I (HRM)

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HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066

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4 . THE ADDITIONAL CENRTAL PROVIDENT FUND COMMISSIONER HQ ZONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYANIDHI ENCLAVE, JALAHALLI BENGALURU – 560 013

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... PETITIONERS

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(BY SMT NALINI VENKATESH, ADV.)

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AND:

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1 . H S PRAKASH S/O SIDDARAMAIAH AGED ABOUT 51 YEARS WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, REGIONAL PROVIDENT FUND ORGANISATION, R.R. NAGAR, NO 570, IDEAL HOME TOWNSHIP BENGALURU – 560 096

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2 . UNION OF INDIA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF LABOUR SHRAM SHAKTHI BHAVAN NEW DELHI – 110 011

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... RESPONDENTS

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(BY SRI VENKATESH KUMAR, ADV. FOR R1 SRI.HIREMATH ATMA VIRUPAKSHAYYA, ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.07.2019 PASSED IN O.A.NO.170/773/2019 PASSED BY THE HON. CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU VIDE ANNEXURE-A AND ETC.

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IN WRIT PETITION NO.51462/2019

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BETWEEN

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1 . THE CENTRAL PROVIDENT FUND COMMISSIONER HEAD OFFICE EMPLOYEES' PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, NO 14, BHIKAJI CAMA PLACE, NEW DELHI – 110 066

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2 . THE REGIONAL PROVIDENT FUND COMMISSIONER EXAM HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066

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3 . THE REGIONAL PROVIDENT FUND COMMISSIONER - I (HRM) HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066

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4 . THE ADDITIONAL CENRTAL PROVIDENT FUND COMMISSIONER HQ ZONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYANIDHI ENCLAVE, JALAHALLI BENGALURU – 560 013

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... PETITIONERS

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(BY SMT NALINI VENKATESH, ADV.)

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AND:

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1 . PADMAVATHI B W/O. G. A .HENRY, AGED ABOUT 45 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EMPLOYEES PROVIDENT FUND ORGANIZATION,

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REGIONAL OFFICE (CENTRAL), NO.13, RAJARAM MOHAN ROY ROAD, BENGALURU-560 025.

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2 . UNION OF INDIA REPRESENTED BY ITS SECRETARY, TO THE GOVERNMENT OF INDIA, MINISTRY OF LABOUR, SHRAM SHAKTHI BHAVAN, NEW DELHI-110 011.

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... RESPONDENTS

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(NOTICE TO R1 IS SERVED AND UNREPRESENTED SRI.HIREMATH ATMA VIRUPAKSHAYYA, ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.07.2019 PASSED IN O.A.NO.170/781/2019 PASSED BY THE HON. CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU VIDE ANNEXURE-A AND ETC.

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IN WRIT PETITION NO.52857/2019

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BETWEEN

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1 . THE CENTRAL PROVIDENT FUND COMMISSIONER HEAD OFFICE EMPLOYEES' PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, NO 14, BHIKAJI CAMA PLACE, NEW DELHI – 110 066

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2 . THE REGIONAL PROVIDENT FUND COMMISSIONER EXAM HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066

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3 . THE REGIONAL PROVIDENT FUND COMMISSIONER - I (HRM) HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE

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NEW DELHI – 110 066

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4 . THE ADDITIONAL CENRTAL PROVIDENT FUND COMMISSIONER HQ ZONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYANIDHI ENCLAVE, JALAHALLI BENGALURU – 560 013

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... PETITIONERS

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(BY SMT NALINI VENKATESH, ADV.)

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AND:

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1 . PARVATHI M W/O GIRIYAPPA, AGED ABOUT 58 YEARS, WORKING AS SENIOR SECURITY ASSISTANT EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE (MALLESWARAM), NO.13, RAJARAM MOHAN ROY ROAD, BENGALURU-560 025.

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2 . UNION OF INDIA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF LABOUR, SHARMA SHAKTHI BHAVAN, NEW DELHI-110011

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... RESPONDENTS

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(NOTICE TO R1 IS SERVED AND UNREPRESENTED SRI.HIREMATH ATMA VIRUPAKSHAYYA, ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.07.2019 PASSED IN O.A.NO.170/785/2019 PASSED BY THE HON. CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU VIDE ANNEXURE-A AND ETC.

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IN WRIT PETITION NO.5447/2020

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BETWEEN

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1 . THE CENTRAL PROVIDENT FUND COMMISSIONER HEAD OFFICE EMPLOYEES' PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, NO 14, BHIKAJI CAMA PLACE, NEW DELHI – 110 066 2 . THE REGIONAL PROVIDENT FUND COMMISSIONER EXAM HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066 3 . THE REGIONAL PROVIDENT FUND COMMISSIONER - I (HRM) HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066 4 . THE ADDITIONAL CENRTAL PROVIDENT FUND COMMISSIONER HQ ZONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYANIDHI ENCLAVE, JALAHALLI BENGALURU – 560 013 ... PETITIONERS (BY SMT NALINI VENKATESH, ADV.) AND: 1 . RAVI KUMAR V S/O VENKATESH R, AGED ABOUT 57 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, REGIONAL PROVIDENT FUND ORGANIZATION, RR NAGAR, NO.570, IDEAL HOME TOWNSHIP, BENGALURU-560 096. 2 . UNION OF INDIA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT OF INDIA,

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MINISTRY OF LABOUR, SHARMA SHAKTHI BHAVAN, NEW DELHI-110011

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... RESPONDENTS

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(BY SRI VENKATESH KUMAR, ADV. FOR R1 SRI.HIREMATH ATMA VIRUPAKSHAYYA, ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.07.2019 PASSED IN O.A.NO.170/776/2019 PASSED BY THE HON. CENTRAL ADMINISTRATIVE TRIBUNAL BENGALURU VIDE ANNEXURE-A AND ETC.

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IN WRIT PETITION NO.6903/2020

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BETWEEN

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1 . THE CENTRAL PROVIDENT FUND COMMISSIONER HEAD OFFICE EMPLOYEES' PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, NO 14, BHIKAJI CAMA PLACE, NEW DELHI – 110 066

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2 . THE REGIONAL PROVIDENT FUND COMMISSIONER EXAM HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066

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3 . THE REGIONAL PROVIDENT FUND COMMISSIONER - I (HRM) HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066

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4 . THE ADDITIONAL CENRTAL PROVIDENT FUND COMMISSIONER HQ ZONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYANIDHI ENCLAVE, JALAHALLI BENGALURU – 560 013

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... PETITIONERS

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(BY SMT NALINI VENKATESH, ADV.)

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AND:

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1 . LOKESH H L S/O M LINGAIAH, MAJOR, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, PEENYA, BENGALURU- 560 052

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2 . UNION OF INDIA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF LABOUR SHRAM SHAKTHI BHAVAN NEW DELHI – 110 011

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... RESPONDENTS

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(NOTICE TO R1 IS SERVED AND UNREPRESENTED SRI.HIREMATH ATMA VIRUPAKSHAYYA, ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.07.2019 IN O.A.NO.170/784/2019 PASSED BY THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU VIDE ANNEXURE-A AND ETC.

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IN WRIT PETITION NO.7613/2020

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BETWEEN

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1 . THE CENTRAL PROVIDENT FUND COMMISSIONER HEAD OFFICE EMPLOYEES' PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, NO 14, BHIKAJI CAMA PLACE, NEW DELHI – 110 066

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2 . THE REGIONAL PROVIDENT FUND COMMISSIONER EXAM HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE

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NEW DELHI – 110 066

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3 . THE REGIONAL PROVIDENT FUND COMMISSIONER - I (HRM) HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066

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4 . THE ADDITIONAL CENRTAL PROVIDENT FUND COMMISSIONER HQ ZONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYANIDHI ENCLAVE, JALAHALLI BENGALURU – 560 013

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... PETITIONERS

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(BY SMT NALINI VENKATESH, ADV.)

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AND:

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1 . BADRINATH M.P. S/O LATE M.R.PRAHALADA, AGED ABOUT 51 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, NO.13, RAJARAM MOHAN ROY ROAD, BENGALURU-560 025 2 . UNION OF INDIA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF LABOUR, SHRAM SHAKTHI BHAVAN, NEW DELHI-110 011

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... RESPONDENTS

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(NOTICE TO R1 IS SERVED AND UNREPRESENTED SRI.HIREMATH ATMA VIRUPAKSHAYYA, ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.07.2019 PASSED IN O.A.NO.70/783/2019 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU VIDE ANNEXURE-A AND ETC.

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IN WRIT PETITION NO.8369/2020

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BETWEEN

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1 . THE CENTRAL PROVIDENT FUND COMMISSIONER HEAD OFFICE EMPLOYEES' PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, NO 14, BHIKAJI CAMA PLACE, NEW DELHI – 110 066

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2 . THE REGIONAL PROVIDENT FUND COMMISSIONER EXAM HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066

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3 . THE REGIONAL PROVIDENT FUND COMMISSIONER - I (HRM) HEAD OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAVAN NO 14, BHIKAJI CAMA PLACE NEW DELHI – 110 066

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4 . THE ADDITIONAL CENRTAL PROVIDENT FUND COMMISSIONER HQ ZONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYANIDHI ENCLAVE, JALAHALLI BENGALURU – 560 013

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... PETITIONERS

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(BY SMT NALINI VENKATESH, ADV.)

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AND:

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1 . SUBRAMANYA RAJU S S/O. LATE H. K. VENGAMA RAJU, AGED ABOUT 57 YEARS, WORKING AS SENIOR SOCIAL SECURITY ASSISTANT, BOMMASANDRA, ANNAPOORNESHWARI COMPLEX, SINGASANDRA, BENGALURU-560 068.

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2 . UNION OF INDIA REPRESENTED BY ITS SECRETARY, TO THE GOVERNMENT OF INDIA, MINISTRY OF LABOUR, SHRAM SHAKTHI BHAVAN, NEW DELHI-110 011.

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... RESPONDENTS

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(BY SRI VENKATESH KUMAR, ADV. FOR R1 SRI.HIREMATH ATMA VIRUPAKSHAYYA, ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 25.07.2019 PASSED IN O.A.NO.170/774/2019 PASSED BY THE HON. CENTRAL ADMINISTRATIVE TRIBUNAL BENGALURU VIDE ANNEXURE-A AND ETC.

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THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, SATISH CHANDRA SHARMA, J., MADE THE FOLLOWING:

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ORDER

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Regard being had to the similitude in the controversy involved in all the cases, they are heard analogously together and a common order is being passed.

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The present writ petition i.e. W.P. No.51266/2019 has been filed being aggrieved by the order dated 25.07.2019 passed by the Central Administrative Tribunal, Bangalore Bench, in O.A. No.170/00773/2019.

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The facts of the case reveal that the respondentemployee was working on the post of Senior Social Security Assistant and being aggrieved by the notification issued by the petitioner-Employees' Provident Fund Organization dated 20.05.2019 for holding a Limited Departmental Competitive Examination, has approached the Central Administrative Tribunal (hereinafter referred to as 'Tribunal' for short) and the Tribunal has allowed the original application directing the Union of India to prepare a year-wise vacancy panel and to promote the present respondent-employee after preparing the year-wise vacancy panel.

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Learned Counsel for the petitioners-Employees Provident Fund Organization has argued before this Court that the recruitment rules governing the field known as the Employees Provident Fund Organization Section Supervisor Recruitment Regulations, 2017 (hereinafter referred to as 'Regulations of 2017' for short) were notified only on

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05.12.2017 and as many as 913 vacancies were available for promotion under the Limited Departmental Competitive Examination. The relevant statutory provisions governing the field is contained in the Schedule appended to the Regulations of 2017. The aforesaid statutory provisions of law make it very clear that 66 2/3% of the vacancies are to be filled up by promotion on the basis of seniority from the post of Senior Social Security Assistants to the post of Section Supervisor and the remaining 33 1/3% are to be filed up by promotion through the Limited Department Competitive Examination. The recruitment Rules as already stated earlier were notified in the official gazette on 05.12.2017 and the notification was issued for holding Limited Department Competitive Examination on 11.12.2017. Finally, a notice was issued on 20.05.2019 and the last date for submission of the application was 23.06.2019. The candidates from the department have applied for the Limited Department Competitive Examination and the examination is also over. However, on account of pendency of the original application, the promotions have not been done so far and the results have not been announced.

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The learned Counsel for the respondent-employee has drawn the attention of this Court towards the judgment delivered by the Hon'ble Supreme Court in case of JAGADISH PRASAD Vs. STATE OF RAJASTHAN AND OTHERS in Civil Appeal Nos.5102-03/2011 decided on 07.07.2011 and his contention is that for the purpose of promotion, a year-wise vacancy panel should have been prepared.

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This Court has carefully gone through the aforesaid judgment delivered by the Hon'ble Supreme Court and in the aforesaid case, the Hon'ble Supreme Court was dealing with Rajasthan Transport Service Rules, 1979 (hereinafter referred to as 'Rules of 1979' for short) and under the Rules of 1979, Rule 10 provided for determination of vacancies i.e. a year-wise vacancies as on 01.04.1994, whereas in the present case, there is no statutory provision of law for determination of year-wise vacancies and as the department was facing shortage of employees on the post of the Section Supervisor, the recruitment rules were framed. There was a demand of Senior Social Security Assistants for promotion and therefore, the recruitment Rules were framed for the purpose of promotion and 66 2/3% of the vacancies were to be filled up by promotion on the basis

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of seniority from the post of Senior Social Security Assistants to the post of Section Supervisor and the remaining 33 1/3% were to be filed up by promotion through the Limited Department Competitive Examination. At the relevant point of time, when the Rules were framed, there were 913 vacancies available for promotion on the post of Section Supervisor through the Limited Department Competitive Examination and therefore, the petitioner was justified in notifying 913 vacancies to be filed up by the Limited Department Competitive Examination. In the absence of any statutory provision of Law for determining the year-wise vacancy panel, the Tribunal has certainly erred in law and facts in passing the impugned order. The examination has already been over. The persons are awaiting the outcome of the examination. However, on account of the pendency of the litigation, the department has not been able to finalise the promotions and it is ultimately, the employees who are suffering and are being denied the right of promotion. Therefore, this Court is of the opinion that as the examination has already been held, the petitionerOrganization is entitled to issue the consequential promotion

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order and the same has to be done positively within 30 days from today.

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Resultantly, the writ petition is allowed. The

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impugned order passed by the Tribunal is accordingly set aside. This order shall apply to the earlier original applications also and to all the other connected cases. The petitioner-organization is free to proceed ahead for promoting the persons on the basis of the Limited Department Competitive Examination, which has already been held on 27.07.2019.

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In light of the aforesaid order, the connected writ petitions i.e. W.P. Nos.51462/2019, 52857/2019, 5447/2020, 6903/2020, 7613/2020, 8369/2020 are also stand allowed.

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I.As, if any, stand disposed of.

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No orders as to costs.

SD/JUDGE

SD/-

JUDGE