Central Administrative Tribunal - Delhi
Sonu Kumar vs Union Of India Through on 20 April, 2015
Central Administrative Tribunal Principal Bench, New Delhi OA No.1422 of 2015 MA No.1291 of 2015 This the 20th day of April, 2015 Honble Mr. G.George Paracken, Member (J) Honble Mr. Shekhar Agarwal, Member (A) 1. Sonu Kumar, S/o Sh. Omkar Singh R/o H.No.727, Kirthal, Post Kirthal Pin-250611 Distt. Bagpat (U.P.). Aged about 25 years 2. Satyam Rathi S/o Sh. Surendra Singh, R/o V+P Etawah Distt, Muzaffar Nagar, Pin-251309 Aged about 22 years 3. Dharmendra Malik S/o Jasveer Singh R/o V+P Lisadh, Distt. Shamli, Pin-247775 Aged about 28 years (Unemployed) Applicants (By Advocate: Shri Ajesh Luthra) Versus 1. Union of India through the General Manager, Northern Railway, Baroda House, New Delhi. 2. The Assistant Personnel Officer, Railway Recruitment Cell, Lajpat Nagar-I, New Delhi-24. Respondents ORDER (ORAL) SHRI G. GEORGE PARACKEN, MEMBER (J) :
MA No.1291 of 2015 This MA has been filed by the applicants under Rule 4(5) of the CAT (Procedure) Rules, 1987, seeking joining together in a single Original Application. For the reasons stated therein, the same is allowed.
OA No.1422 of 2015In this Original Application, the Applicant is seeking the following relief(s) and interim relief:-
Relief(s):-
(i) That the Honble Tribunal may graciously be pleased to pass an order declaring to the effect that the whole action of the respondents not declaring results of the applicants is totally illegal, arbitrary and discriminatory and consequently, pass an order directing the respondents to declare the result of the applicants along with the marks obtained by the applicants and if, either or all, applicants have secured higher marks than the last selected candidate, he should be considered for his appointment with all consequential benefits at par with similarly situated persons from the same employment notification.
(ii) Any other relief which the Honble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation. Interim relief:-
Pending final disposal of the main OA the Honble Tribunal may graciously be pleased to pass an order directing the respondents to provisionally allow the applicant to appear in the physical examination to be held shortly and also pass an order of keep one post vacant for each of the applicant till the final disposal of the main O.A. in respect of the vacancies advertised vide employment notification dated Notification 220-E/Open Market/2013 DT 30.12.13. Any other relief which the Honble Tribunal deem fit and proper may also be granted to the applicant.
2. According the learned counsel for the Applicants, the Applicants are not being considered for appointment by the respondents without assigning any reason and without disclosing the marks obtained by them in the written examination. He has also submitted that the applicants have not been admitted to the physical fitness test for preparation of the final select list.
3. In view of the above position, we dispose of this OA at the admission stage itself with a direction to the respondents to disclose the marks obtained by the Applicants within 15 days from the date of receipt of a copy of this order. If they have secured more marks than the marks secured by the last candidate who has been included in the list of candidates permitted to participate in the physical fitness test to be held for preparing the final list of selected candidates, they shall also be allowed to participate in it.
4. There shall be no order as to costs.
Service dasti.
(SHEKHAR AGARWAL) (G. GEORGE PARACKEN)
MEMBER (A) MEMBER (J)
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