Central Administrative Tribunal - Ernakulam
Kasipandian. M vs Union Of India Represented By The ... on 12 February, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A.No.1211/12
Tuesday this the 12th day of February 2013
C O R A M :
HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER
HON'BLE Mr.K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER
1. Kasipandian. M, S/o. Madasamy Thevar,
Residing at Vadakupanavadali,
Panavadali Chatram (P.O) - 627 956,
Sankarankovil Taluk, Thirunelveli District.
2. Kannan C, S/o. T. Chinnasami,
Residing at South Parumpur,
Ottapidaram (P.O), Tuticorin (P.O)
Pin - 628 401, Tamil Nadu.
3. Murugavel M, S/o. Mani,
Residing at : Sevanthanvalavu,
Bukkampatti (P.O), Mecheri Village,
Mettur Taluk, Salem District,
Tamil Nadu - 636 451.
4. Maharajan G, S/o. Ganapathy M,
Residing at : 5/108, Veppankulam,
Gangai Kondan (Via), Ottapidaram Taluk,
Tuticorin District, Tamil Nadu - 627 352.
5. Ari Krishnan R., S/o. R. Rajamani,
Residing at : 5/71, Nagar Nagar,
Balakrishnapuram, Karuppakki Post,
Vadipatti Taluk, Madurai District,
Tamil Nadu - 625 205.
6. Bala Murugan M, S/o. Mohan P,
Residing at Paramagoundanoor,
Kosavapatti (P.O), Edanganasalai (via),
Sankari Taluk, Elampillai, Salem District,
Tamil Nadu - 637 502.
7. Baskar G, S/o. N. Govinda Raj,
Residing at 5/416, New Colony,
Jagir Chinnamma Palayam,
Salem District, Tamil Nadu - 636 302.
8. Mariappan S, S/o. Sudalaimuthu V,
Residing at 45, Sundara Pandi
Vinayagar Kovil Street,
Thenthiruperai, Tiruchentur Taluk,
Thoothukudi District, Tamil Nadu - 628 623.
9. Tharmaraj S, S/o. M. Sundaram,
Residing at 3/27, North Kottur,
Kurangani (P.O), Thenthiruperai,
Tuticorin District, Tamil Nadu - 628 623.
10. Suresh V. S/o. S. Vaithilingam,
Residing at 3/38, Gopalan School Street,
Arumugampatty, Ambai Taluk,
Thirunelveli District - 627 425.
11. Kaliappan R, S/o. M. Ramar,
Residing at Krishnan Kil Street,
Chokkalinkapuram, Panaiyoor Post,
Sankarankovil Taluk, Tirunelveli District - 627 761.
12. Prakasam N, S/o. K. Nagan,
Residing at : South Street,
Poostmalaikuppam - 632 512.
Thiruvannamali District, Tamil Nadu.
13. Ravi C, S/o. Chinnapaiyan,
Residing at : Kuppadasan Valavu,
Bodinayakanpatti Post - 637 105.
Idappaddi Taluk, Salem District, Tamil Nadu.
14. Balasubramanian G, S/o. G. Ganesan,
Residing at 1/102, Sannathi Street Peroor (P.O),
Srivaikuntam Taluk, Tuticorin District - 628 620
Tamil Nadu.
15. Rajmohan R, S/o. P. Rajendran,
Residing at 10/71, Kulakkarai Street,
Periyakuppan (P.O), Ulundurpet Taluk,
Villupuram District - 607 204.
16. Uganathan K, S/o. Kumarasamy,
Residing at Pungampattunadu,
Pudur Nadu (via), Chinnavattanur Post,
Tirupathur Taluk, Vellore District,
Tamil Nadu - 635 655.
17. Ganapathy V, S/o. P. Velsamy,
Residing at 52/42, Thambiran Colony,
Veeravanallur, Ambasamudram Taluk,
Thirunelveli District - 627 426. Tamil Nadu.
18. Sankara Lingam P, S/o. Petchimuthu V.,
Residing at IA/285, Post Office Street,
Meelavittan, Tuticorin District,
Tamil Nadu - 628 002.
19. Subbiah K., S/o. G. Karuppasamy,
Residing at 2/17, Main Road, Sivagalai,
Srivaikuntam Taluk, Tuticorin District,
Tamil Nadu - 628 753.
20. Paneerselvam C, S/o. Chandhrasekaran,
Residing at : Muthampatty,
Mettupatty (P.O), Musiri Taluk,
Tiruchirappally District
Tamil Nadu - 621 211.
21. Prem Dhass C, S/o.S.Chinnasamy,
Residing at Dr.Anna Nagar, Morappur P.O.,
Harur Taluk, Dharmapuri District,
PIN - 635 305, Tamil Nadu.
22. Brusily K, S/o.C.Kasi,
Residing at Ammannag Koil Village,
Pudupettai Street, Tirupattur Taluk,
Vellore District, PIN - 635 651, Tamil Nadu.
23. Panneerselvam C, S/o.G.Chandran,
Residing at Kallavoor Village,
Chinnavattanur P.O., Pudur Nadu (Via),
Tirupattur Taluk, Vellore District,
PIN - 635 655, Tamil Nadu.
24. Arivalagan R, S/o.P Rathinam,
Residing at Unjakkadu, Pachanampatty P.O.,
Omalur Taluk, Salem District,
PIN - 636 455, Tamil Nadu.
25. Arivalagan V, S/o.R.Venkatachalam,
Residing at Kottamettupatti Village,
Poolaeari North, Omalur Taluk,
Salem District, PIN - 636 455, Tamil Nadu.
26. Rajarajan C, S/o.Chinnappan,
Residing at Pachakattu Vayal,
Alagusamuthiram, Steel Plant P.O.,
Salem District, PIN - 636 013, Tamil Nadu.
27. Thangaraj B, S/o.V.Balathandayutham,
Residing at 7/11, Big Street, Pappankulam,
Ambasamudram Taluk, Tirunelveli District,
PIN - 627 423, Tamil Nadu.
28. Sugumar C, S/o.Chinnappan,
Residing at South Street, 3rd Ward,
Mettumarudur P.O., Kulithalai Taluk,
Karur District, PIN - 639 107, Tamil Nadu.
29. Mahendhiran S, S/o.R Selvaraj,
Residing at 6/114, Kavalipalayam,
Kampaliyampatty Post, Kangayam Taluk,
Erode District, PIN - 638 706, Tamil Nadu.
30. Kalidas M, S/o.M.Muniyandi,
Residing at 1/54-A, East Street,
Elanthirai Kondan, Zamin Kollan,
Kondan Post, Virudhu Nagar, Madurai District,
PIN - 626 142, Tamil Nadu.
31. Thushar M, S/o.late Devadas M,
Residing at Girija Nilayam, Kannathara,
Chittur Post, Palakkad District,
Kerala State - PIN 678 101.
32. Sujith P.S., S/o.Sundaran P.S.,
Residing at Padinjarethil House,
Elanad Post, Thrissur, Kerala State - 680 586.
33. Radhakrishnan A.S., S/o.Sedumadhavan A.C.,
Residing at Arttu House, Elanthapadam,
Karipode P.O., Palakkad District,
Kerala State - 678 503.
34. Dileepkumar N.K., S/o.Kelu Nair N.K.,
Residing at Keezhat House, Eramala Post,
Vatakara, Calicut District, Kerala State - 673 501.
35. Shaiju M, S/o.Mayandi M,
Residing at Chiravattam House,
Verholi Post, Palakkad District - 678 552.
36. Hareesh K, S/o.Balakrishnan K,
Residing at Kampurath House, Kuttikkattoor P.O.,
Calicut District, Kerala State - 673 008.
37. Aneeba P., W/o.Rangaraj K,
Residing at Kanhiraparambil House,
Chanthakunnu, Edapal, Vattamkulam Post,
Malappuram District, Kerala State - 679 578.
38. Rajitha R, W/o.Jainadas K,
Residing at Near Sugar Colony, Menonpara Post,
Palakkad District, Kerala State - 678 556.
39. Prasannakumari P.C., W/o.Damodaran V,
Residing at Unnirankunnam, Pirayiri,
Palakkad District - 678 004.
40. Remadevi E, W/o.Saji E.G.,
Residing at Elamthuruthil House,
Karippadom P.O., Thalayolaparambu,
Kottayam District, Kerala State - 686 605.
41. Lijo George, S/o.George T.O.,
Residing at Thokkambel House,
Kuttampuzha Post, Kothamangalam,
Ernakulam District - 686 691.
42. Pradeesh K.J., S/o.James,
Residing at Kuduvassery House, No.11/1700,
Kadeabhagam, Palluruthy P.O., Cochin - 682 006.
Ernakulam District, Kerala State.
43. Anil Kumar T, S/o.N.Thankappan,
Residing at Asha Bhavanam (Kadakkethil),
Valiyapadam, Vilanthara Post,
Sasthamcotta, Kollam District - 690 521.
44. Sreeraj B, S/o.Bhaskaran Pillai,
Residing at Iswarya, Kizhakkanela P.O.,
Parippally, Kollam District, Kerala State.
45. Pushpa T, W/o.Kutti,
Residing at No.37/1, Krishna Nivas Illam,
Samath Bai Street, S.Kodiyur, Jolarpettai,
Tirupattur Taluk, Vellore District,
PIN - 635 851, Tamil Nadu.
46. Anishkumar P.A., S/o.T.P.Ajayakumar,
Residing at Palliparambil House, Eloor South,
Udyogamandal P.O., Ernakulam District,
Kerala State - 683 501.
47. Anil K.A., S/o.K.T.Achuthan,
Residing at Karadimad House, Cheengavallam,
Narikund Post, Ambalavayal, Wayanad District,
Kerala State - 673 593.
48. Rajesh K.S., S/o.late Soman K,
Residing at Kottoor House, Nenmenikunnu Post,
Cheeral (Via), Wayanad District,
Kerala State - 673 595.
49. Nishanth K.M., S/o.Prabhakaran O,
Residing at Ottappilakkool House, Vattoly,
Chittariparamba P.O., Kannur District,
Kerala State - 670 650.
50. Ageesh P.M., S/o.Ashokan P.M.,
Residing at Puthanpurayil Meethal House,
Puthur P.O., Vatakara, Calicut District,
Kerala State - 673 104.
51. Sajith P.M., S/o.Sasidharan P.M.,
Residing at Padinhare Manappurath House,
Puthuppanam Post, Vatakara (Via),
Calicut District, Kerala State - 673 105.
52. Vijesh V, S/o.Vijayan V,
Residing at Vayalombran House,
Pattiam, Pathayakunnu Post,
Kannur District, Kerala State - 670 691.
53. Pradeep C.S., S/o.Sankaran,
Residing at Chennasseril House, Arthunkal P.O.,
Cherthala, Alleppey District - 688 530.
54. Vijayakumar D, S/o.A.Dhayanithi,
Residing at 55, Angalamman Koil Street,
Villupuram District, PIN 605 602, Tamil Nadu.
55. Senthil Kumar P, S/o.R.Pattu,
Residing at No.79, Mariyamman Kovil Street,
Sathyamangalam Post, Gingee Taluk,
Villupuram District, PIN 604 153, Tamil Nadu.
56. Selvan S, S/o.Sarathy,
Residing at 95, Nehru Street, Cheyyar,
Tiruvannamalai District, PIN 604 407, Tamil Nadu.
57. Muthu S, D/o.S.Subramanian (late),
Residing at BI-20, Heavy Water Plant Colony,
Tuticorin District, PIN 628 007, Tamil Nadu.
58. Arulselvi A, D/o.K.Athiappan,
Residing at 7A/68, Indra Nagar, Siluvaipatti P.O.,
Tuticorin District, PIN 628 002, Tamil Nadu.
59. Punitha A, W/o.G.Gopalakrishnan,
Residing at 16/1D1, Marthandavarma Nagar,
Kaniyakulam, Parayadi, Veturnimadam Post,
Nagercoil, Kanyakumari District, Tamil Nadu - 629 003.
60. Sankareeswari T, W/o.Thirupathy G,
Residing at 285, Municipal Colony,
Rajapalayam, PIN 626 117, Tamil Nadu.
61. Navappan K, S/o.Karuppan,
Residing at Kottiyur Village, Thenkarumbalur P.O.,
Thandarampattu Taluk, Tiruvannamalai District,
Tamil Nadu - 606 753. ...Applicants
(By Advocate Mr.T.C.Govindaswamy)
V e r s u s
1. Union of India represented by the General Manager,
Southern Railway, Headquarters Office,
Park Town P.O., Chennai - 600 003.
2. The Deputy Chief Personnel Officer/Recruitment,
Southern Railway, Railway Recruitment Cell,
No.5, Dr.P.V.Cherian Crescent Road,
Egmore, Chennai - 600 008.
3. The Chief Personnel Officer,
Southern Railway, Headquarters Office,
Park Town P.O., Chennai - 600 003. ...Respondents
(By Advocates Mrs.Sumathi Dandapani,Sr.
along with Mr.Thomas Mathew Nellimoottil)
This application having been heard on 29th January 2013 this
Tribunal on 12th February 2013 delivered the following :-
O R D E R
HON'BLE Mr.K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER The applicants responded to the notification dated 24.11.2007 for filling up 3698 posts of erstwhile Group D vacancies in the various Divisions Southern Railway and the Integral Coach Factory at Chennai. They appeared in the Physical Efficiency Test (PET in short) in April/May 2011 and in the written examination on 16.10.2011. Their documents were verified in January/February 2012. They are also subjected to medical examination. According to the applicants, they are qualified for appointment but no orders of appointment are issued to them. Instead the respondents issued letters offering appointments to certain candidates in a most haphazard manner without publishing the final rank list styled as part select lists on purely provisional basis which were published on 18.1.2012, 14.2.2012, 23.3.2012, 15.5.2012, 21.9.2012 and 4.12.2012. Aggrieved the applicants have filed this O.A for the following reliefs :-
1. Declare that the non-feasance on the part of the respondents to issue offers/orders of appointment to the applicants despite having completed the pre-appointment formalities, including verification of documents, qualifying in the medical examination etc. is arbitrary, discriminatory, contrary to law and unconstitutional.
2. Direct the respondents to consider the applicants for appointment and to issue offers/orders of appointment to the applicants against the vacancies for which they were selected forthwith with all consequential benefits arising therefrom.
3. Award costs of and incidental to this application.
4. Pass such other orders or directions as deemed just fit and necessary in the facts and circumstances of the case.
2. The applicants contended that the failure on the part of the respondents to publish the final select list indicating the merit order before resorting to issuance of appointment orders is arbitrary, discriminatory and contrary to law. Refusal to issue final orders of appointment to the applicants before resorting to any other recruitment for the vacancies for which the applicants were recruited is arbitrary, discriminatory, contrary to law. They have been subjected to all the pre-appointment formalities. Continued failure and refusal on the part of the respondents and simultaneous attempt to fill up the vacancies by a subsequent recruitment process which is in progress is not only arbitrary and illegal but also opposed to the applicants' legitimate expectation. Many of the candidates to whom offers of appointment were issued have not joined the post. The applicants can be appointed to the non-joining vacancies. There is no justification for resorting further appointment without considering the applicants for appointment.
3. The respondents in their reply statement submitted that 4,03,880 applications were received in response to the notification dated 24.11.2007. 4,154 candidates who cleared various tests were directed for medical examination which is still going on and as there was urgent need to fill up safety category vacancies in the interest of the safety of the travelling public part select lists were published provisionally as and when result of the medical examinations were received. So far 3696 candidates are placed in the part select list. Results of medical examination of only two candidates are still awaited. The final merit order incorporating all the select lists have been uploaded on the website and communicated to the Southern Railway & the Integral Coach Factory. Consequent on the implementation of the recommendations of the 6th CPC, the minimum educational qualification for the post in question was revised as 10th Standard passed as directed by the Railway Board. The entire recruitment process was put on hold. The recruitment process started moving ahead on receiving clearance to proceed ahead with the recruitment vide letter dated 26.11.2010. In case of candidates not accepting the offers of appointment or not joining the post, the Railway Recruitment Cell arranges to supply replacement papers to the extent of candidates available in the respective community and medical classifications. So far it has received requests for supply of 42 replacement papers only which are under process. Each recruitment process is independent of one another and to get selected in each of the recruitment processes, a candidate has to apply separately and compete successfully in each of the recruitment processes. 20% of the candidates over and above the notified vacancies have been called for document verification and medical examination to avoid any shortfall in the panel.
4. We have heard counsel for the parties and perused the records. The final merit order incorporating all the part select lists have been uploaded on the website and communicated to the Southern Railway and the Integral Coach Factory as per the say of the respondents. So far 3696 candidates have been offered appointments. Hence, we do not find any arbitrariness or discrimination or violation of law on the part of the respondents in the recruitment in question. If the applicants have not received any order of appointment it would only mean that their position in the select list is not high enough for the purpose. But they have a chance of getting appointment in case any of the candidates does not accept the offer of appointment or does not join the post after the receipt of offer of appointment. As each recruitment process is independent the applicants are at liberty to apply separately and compete successfully in each of the recruitment processes. Part select lists were published provisionally to meet the urgent need to fill up safety category. Therefore, this cannot be characterized as offering appointment in a haphazard manner.
5. However, we would observe that the final merit list incorporating all the part select lists should be published on the notice boards of the various Divisions and the Integral Coach Factory at Chennai also. The list of 20% of the candidates who are kept in reserve for appointment against shortfall in the panel also may be likewise published. The applicants can approach this Tribunal in case they have any grievance after seeing the merit list and the wait list. The respondents may expedite the processing of the requests for supply of 42 replacement papers received from Southern Railway and the Integral Coach Factory as expeditiously as possible. With the above observations, the O.A is disposed of with no order as to costs.
(Dated this the 12th day of February 2013)
K.GEORGE JOSEPH JUSTICE P.R.RAMAN
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
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