Central Administrative Tribunal - Gauhati
Honchai Konyak vs M/O Defence on 6 May, 2019
|. O.K, No..00230/2016:
i i i t 7 i Ofiinal Application Nos. (040/00290/2016 and 040/00231/201¢ : a ne eh lé Date OF Common Order: COAG + eo a i THE HON'BLE SMT. mana mas CIAL MEMBER "THE HON'BLE MR. N, NEIHSIAL, ADMINISTRATIVE MEMBER
2. Miss Mating. i Daughter of Shr. Shi noto Sema | Milage Bank Colony Dirnapur » House. No# 140.
Post Office.~ Dimapur . Pin 797112, Nagaland
3.. Shri Amarjit Singha Son of Mani Mohan Singha | lazarigram -
'Post Office ~ Hazorigram:
achor, Assam -
Vilage | District -
4, shi. N- ibochouba Singha Son of N Nigomanana Singha Village Lakhi Post Office: Lakhipur a cae har ASScHn:
5. Shri Chiteranjan singh . Son of W. Shanti Singh Vilage Nayoggram District Cachar. Assam.
" Vers USs-
"GUWAHAT neENCH
1. Shirt Honchal Konyak : Son of Shar 'Kaiwang, Konyak > Welford, House. No: 99 {4} Near ARK House Post Office Dirhapur Pin: 797) 12. Nagaland wate Applicants O.A: No. 2314/2016:
inion of india .
asented. by the Secretary to overnment of india ry of Defence a th Block, New Delhi~ 110011 Directorate General (Pers) rary Engineer Services aineer-in-Chief's Branch : rs of MOD (Army) Commander Works Engineer raquarter, 137 Works Engineer Stinivasan $ cted Mate {SSK}.
» Office of the Commander Works ineer Headquarter, 137 Works gineer, PIN FIAISZ, C/O 99 APO ore ishu Kumar _. Selected Mate {SSK}.
LYOQ Olfice of the Commander Works ineer Headquarter, 187 Works | aqineer, PIN -- 914137, C/O 99 APO ry | Madhusmita Borah cled Mate {SSK}.
gineer Headauarter, 137 Works -- Igineer, PIN 914137, C/O99 APO ) Office of the Commander Works a Bllay Singn of Late Ornprokash Singh ident of Rangapahar Railway.
woo Respondents."
Gate No. }, "thahekhu; Block tl Post Office ~ Rangapahar. -
Pin 797123, Dimapur {Nagaione) Shri AGI yo Powgam >> Son of Shrilate Durga Powgam > Resident of Rangapahar Railway Gate No.1, Thahekhu, block Ii) Post Office ~ Rangapahor « Pin= 797123, Dimapir {Naggland) Shei Supham Dorjee .
Son of late Kamal Bahadur: Dorjee Resident of Rangapahar Railway . Gate No. |, Thahekhu: BOCK Hl Past office - Rangapahar. .
Pin ~ 797123, Dimapur. (Nagaland) . Shri Sayad Ahmed Mazumder Son of Cate Tazumut Alli Mazumeer Resident of Rangopaher Railway Gate No, 1, Thahekhu, Block lif Post Office - Rangapahar -
Pin ~ 797123, Dimapur {Nagaland} Med. Kherul Khan - .
Son of Md. Jamal Khan | Resident of Rangapahar Railway Gate No, 1, Thahekhu' Block {i Post Office - -Rangapahar Pin 797423, Dimapur Nagelanal Ma. "Abid Khar .
Son of Md, Jamal Khdn
- Resident.of- Rangoapahar Roilweay Gate No, 4, Thahekhu, Block I Post Office ~ Rangapahar Rin FOF, Dimapur (Nagaland) Shi Gulameali Kadir. © Son of Siri Qalyoon Ansar Resident of Rangapahar Railway Gate No.1, Thahekhu: Block I -
Post Office - Rangapdhar:~ Pin ~ 797123, Dimapur (Nagaland)
10. 12
-Versus-
- Siri padam: nk 5 . Son of sh yorker |Past Offi ice= a Bahadur Post OFoe.: = Ri Pin- 797123, Son of Shit Ramidin Balmiki | Resident of Randapahar Railway Gate No.1 hekhu, Block til rigapahar Pin - TINE DB napur (Nagaland) Shf sukanto Son of: Satya igrayan Das Resident, Oo Jopaher Railway wn Applicants |
2. 'The Directorate General {Pers.}
- Miaary Engi ineer Services ~ Engineerin-Chief's Branch ~ JHQrs.of MOD (Army)
-- Kashirni ir House, New. Delhi- 1 10044 3, The Chi ef Engi ineer . Headquarters, Eastern Command Engineer Branch PIN ~ 908542, CIO 9F APO
4. The Commander Works Engineer a Headquarter, 137 Works Engineer. PIN'= 914137, C/O 9F APO.
| Advocate(s) for the applicants:
Advocate(s) for the respondents:
Date of hearing: 01.02.2019 QRDER -
MANJULA.DAS, JUDICIAL MEMBER: -- AS the reliefs. sought for by the applicants under the same respondents. are common, hence prayets }o move the instant applications jo ointly Under Section : Adininistrative Tribunal (Procedure) Rules, 1987 are allowed.
1. | The union. +t india a Rapresenied by the Secretary fo the Government of india Ministry of Defence : South Block, New Delhi~ 110071 Mr a Ahmed Me Ss. K. Ghosh; Addl. CGSC a nat Date of order, 4 -05. we |
-4(5}(0) of : ... Respondents the Central & applicants, under section 19 of-the 85 makes-the following reliefs:
direct the official Respondents fo sel. aside he affice of fhe HQ 137 Works Engineers, PIN cre 29 APO.
ct fresh selection to the post of MATE (SSK} in he ibe 137 Works Engineers, PIN - ~ 914T3? selection of the candidates to the post cf 8 " Ne said post in. pursuance lo Employment 4303/LRS/12- 13/618 8 s} as per proper nonmns pay the cost af the case to the Applicants. ther rellef(s} that may be entilled to the 2 Since the As [O.A. No. 040/00230/2016 and O.A, No. oo 00231 i 207 ogous and involved similar question 'of.
low and facts, they eb The facts, in the nutshell i projected iry both OAs are that Employment Notice (i fin short EN}. NO. 34303/ ERS/T2-13/6) B{S} invited applica ions for various posts, including Marte SSK) which is . concemed | i} the present CAUSES, 4 | Alb the applicants in pursuance of the said.&. N. No..34303/ Rss 2- 13/8185 } S} did make applications by offering their candidature fo the above mentioned pasts of Mate {SSK}. Bes ing eligible, oul the applicants. oppecred petore fn wi iten examination held on uM, 10. 2015 ot Guwahati.
: The above examination fox the posits of Mate ISsk) for Headquarters 137 Commander, Works Engi neer r (CWE in short), | Dimapur Was. held on My, 10. 201 5 under ine supervision of the Gorison Engineer, Nerang HQ 1 Sub Area, Guwahati in the Stale of wie declared.on 04.05.2016 on MES website,
6. | According to the applicants, the authority without conductirig any practice fest or interview declared ihe result, Moreover, the respondent quthor ty) had not adopted the. system of Optional Mark Recognition {OAR} system in answer sheei which is the Mili tary Engineering Service. (wes), Minisiry of Defence vide | ar oe common prachce f (6 Hive examination to any post uncer prescription of law,' posts of Mate (SSK quashed.
3 2016, the matters were admitted and 'fixed for hearing. | adjournments matter was preceded for final hearing.
10. of arguments advanced. by Mr. A, Anmed, learned courise for the applicants are that in the afore said wriflen 'examination held on 11.10.2015, The respondents had net "adopted the syster of nal Mark Recognition (OMR} System in answer sheet. In ihe said written examination held on.11.10.2015, the questions cum answei to the posts of Mate (SSK) provided to candidates are simp le df Xerox type (paper which car be eplaced ichanged by any. vested circle for thelr personal gain. in- the written statement suomitied by the respondents in serial No. & it | 'has been. admitted that "due to manual evaluation of written script and some Clort cation of answer recel pr from college of Miltary en neering, Pune as also scrutiny ot fina results and Hs concurrence by HQ 'Chior Engineer Shi long one; the uploading of final result took :
eight month time"
i. = According to learned counsel ihere are more than 3000 candi idates had appeared in written examination fo the posts of. Mate. (ssk) under.137 Works: Engineer, Dimapur, Ngaland. Therefore, } was impossible to. give a correct and fair marking in each answer shee! through manual evaluation. The, respondents have totally | oni inuiated the entire process of waitten examination to > the: posis of Mate ($8) be _. . Learmed counsel for ihe: applicant submitted that the responcients had allowed the individual | candidate iO appear in wo Command Works: Engineer recruitment examinati ions fo the" posts of Mate. {SSK} inv jolation of advertisement as mentioned under Note! wherein i has been clearly mentioned that the application will be considered only for that por cul CWE Ared which he applied for.
13. oe "Further submitted by: 'leamed 'counsel that as per adveitsement the said wiilten exam 'nation for. appoi iniment of Mate 10
- {SSK} of CWE ought! he en conducted at Dimapur, Nagaicnd further submitted that the "questions"
SK) for CWE, Shillong and H@ 137 Works Engineer Dimapur @ and. similar wherein the dete of examination were } 0.05.2015 and 11.10.2015 respectively and moist of the Co 'said fact of simtlo for both the Centre at Shillong and Hed py the respondents in their wiitien : Hee by Mr. Ghosh, leaned Addl. CGSC that | | andidates were prepared and finalized lard Operating Procedure) in accordatice to Engineer-in-Chief's branch, 1HQ of MoD {Army}, New Delhi letfer No. B/20075/ERS/IZ-1B/S7EIS (1} dated. 11.11. 2014 by a Board of = Officers post Coding/decoding and evaluation of answer sheets by separate. Board of Officers. Final List of successful candidates Was :
approved by CWE and concurred by Chief Engineer Shillong Zone post thorough scrutiny. The result were uploaded on MES website. on 04, 05.201 é cand subsequently published im ¥anous. newspapers. {nereatier, selected candidates were assigned to respective Divisions under HQ 17 Works Enain neers where all the supporting documents submitted by the selecied candidates ike education qualification, caste certificate etc. were verfied by the joining ; guthorities for its correctness at the tiene of joining and kept in office record. As per Headquarters Eastern Command, Engineers Branch E, | N. No. 34303/. LRS/1213/E1B(S), Ein-C's Branch, New Delhi. had | ieleased 87 vacancies - fo ql? Works Engineers, Dimapur, Nagaland for recruitment of Mate 189K) | in fhe pay scale' of 5200- 20200 with grade, pay of Rs. 1800/-. The last date of receipt Of application was 08. OT 2015 and the date of written examinat on was 14 02. 2015 | Cs menti oned in the advertisement However, the date of 7 wtten examination Wes postooned fo 10, 08.201 5c as per direction of Headquarters Fastern 'Command Engineers Branch: letter dated
06. 05. 2015 due to > prevatling vO tle security situation in Nagaland gnd further postponed to 1 1,40. 201 5 as HO 3 Corps' (GSI) Broinch vidle fom th?
"their. signal No. IS) dated' 08.05.2015 had. not recommended conduct 6fowritten exam on 10.05.2015 in Dimapur. due fo securily cencetr Accordingly, HQ 137 Works Engineers published an advisory in GUS newspapers on O07 OS: 2015. and also amendment/corige dum 'published in newspaper on 08.05.2018 with fresh location of examination as Guwahati (Assarn), "and fresh date of examisation as 11.10.2015. "17. twas further suomitied by Mr. 5. K. Ghosh that the case at doubt or any. miste ds 'Ags pot been noticed by either 'Board of | Officers or any candidate ore and after fhe examination and the written examination wa s completed successfully. Therefore, there is fable. fo be dismissed.
18. nsel for both the parties. Perused the d before us.
:
:
.3
Southern Command, Central Command & South Western 1 1 Command. .
20. The present applicants hav ing the recjuiste qualifications applied for the post of Mate (5K). They appeared in 1 the written examination and the result was uploaded in the MES website where the appl icants did not finct thelr places. . : AS. stated in. fhe foregoing paragraphs, sorne issues are aised by. The: applicants for which we are in hand the condiions. incorporated inthe aforescid Employment Notice which Is extracted hereunder:
"NotesI: I: Attention iS invited io the applicants of Mate category to-nofe thatthe Area for which the applicant wishes fo apply for Males needs fo be specified in the ~
- applicable . Column the. Application Form. The -- applicant will be considered only for that parficutar . CWE Area which he. has - applied for. Applicant can - apply only for one CWE Ared and no.second choice will be entertained. Selecti on of candidates will be made CWE Area wise.
"Notes: No. change of. Centre Of Examination: will be allowed under any 'circumstances. Hence, the . candidates: should select the Centre carefully and _. indicates the same correctly in their applications." .~-
2. - Mr, A Ahmed, learned counsel for applicant has drawn our 'attention fo the Adtnit Cord of wei itfen fest of one candidate : namely Smit. Santoshi singh under rol No. 3246 where she applied for appointment to the posts of Mate (SSK], CWE Shillong Works 14 'n 11.10.2015 to the posts of Mate (SSK) _ neer, Dimapur, Nagaland held at issued another Admit Card to Smt. Santoshi Singh on 29 2.201 ncler Roll No. 3246 for wiitten test held on 10.05.2015 at Shillong 18 posts of Mate' (SSK) for Command ple selected carididates na Me. Lalremruata Borah under Roll No. . (37/3771 "and Mr. under Roll No. 137/3770 who had TH10,2015, helt written statement in paragraph ere provided sealed by College af. eer (CME), Pune and opened only atthe Also while.a few questions were found tobe. Ines Le. numerical values, many/ majority - 'e different in iwo papers." ; -
ie
- Adrnitied facts are that there was an examination at Shillong on 10.05.2015 and at Guwahati instead of Dimapur on i. 10.2015 for ihe concemed posts of Mate {SSK}. 26 in the said. Employment Not ce against Si. 1 provided the . Centre to the examination for the post of Mate {88K} (Eastern Command) cas hereunder: | : oe : & | :
ee Shiiong ~~ | Command Works Engineer, (CWE) ne | . Spread Eagle Fails. Shillong, Dist. ~ | Fast Khasi. Hills Meghalaya, Shillong &
--FOBOQIT ee | Tele 08642534615 rezpur ---; Command Works Engineer, (CWE) | : i Tezour" Post =~ Dekargdon Dist '| Sonitour Assam --. 784501 a Tele: 03712-258690 __ ee Dimapur | HQ 137 Works. Engineer PIN ~ 3 pa197 1 icsio SBAPO . | Tele: 03862: "249225 Bengdubi/Sevo _ Command Works Engineers kK Road | Bengdubi PO ~ Bengdubi | ~. 1 Dist- Darjeeling, West Bengal --
- | 734424. Tele: 0353-2480225 | a7 | . . | _ Now question < arises os to i one candidate allowed to _ gppecied by way of wo different Admit Cards io seat in the | examination ai Shillong. on 10.05, 2015 and at Guwahati it. 10: 2015, there definitely emerges. flow in abiding the conditions | - Incorporated inthe said Employment Notice. _ 28. 7 Despite 'order has been "passed: by this Tribunal on 16 02. 2018, elther: fhe respondents oF learned 'counsel failed to questions papers-o the: %
30. Singh under Rot No. 137/T11T for been ; issued jo $ if. Sc HQ137, Works Engi bet Cimapur and Roll No. 3246 for CWE Shillong, "Si Laremruata.8 r Roll No. 137/377) and Sri. Sibu Koch . under Roll No. i3 ho have appeared for both the. areas namely Head Qu "Works Engineer, Dimapur 'and CWE, . | be properly investigated and verified. n submitted by the learned counsel for _argument. As such, the examination coriducted: partic arly HQ 137 Works Engineer does not appear to be free from do ubt of fa &gs and transparency. 3h. _ Flom the above aspects we somehow not convinced that ofamination an, ale procedure made in the case of Mate (Ss) without havi should be far and jransparent and there is no such established reply fom the respondents 0 the | isSUGS- ral sed by the applicants CIOTODOS a tguting ihe conditions in aforesaid criployment Notice.
32, in view of that Wwe deem A and proper to direct the respondent authorities to hola select on 1 aftesh for. ihe Posts of Mate (sok) in the office of the HQ 137 works Engineer Dimapur, Naga! land | amongst ihe: candidates who Nave: -ectliet applied fo the said posts in pursuance: to the &. N. No. 34303/188/12- HS/EVBIS }, Af the: same. fime we are of fhe opinion that the selected candidates if by now been appointed in the. posts of Mate (8sk) they shall be allowed fo cont nue Til the. completion of selection process for filing up the . advertised Vacancies is faken afresh. Ordered accordingly.
33. | tt is made clear that the: ebove exercise shall be caried . out with due notice fo the candi idates within Ina per lod of four months . from ine date 3 of receipt of this copy of ihe order, - se - With the above observations ond directions, O.A. stands disposed of accordingly. No order as to costs. Sdf-
Manjula Das Hon'ble Member U} $df-
_ Miro N. Neihsial Hon'ble Member (A) |