Central Administrative Tribunal - Hyderabad
Pawar Subhash vs Nuclear Fuel Complex on 4 September, 2025
1
OA.No.478/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH, HYDERABAD
ORIGINAL APPLICATION NO.021/00478/2022
ORDER RESERVED ON 07.08.2025
DATE OF ORDER: 04.09.2025
HON'BLE DR. LATA BASWARAJ PATNE, JUDICIAL MEMBER
HON'BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER
Pawar Subhash, S/o Pawar Roopla
Aged about 38 years
Occ: Work Assistant/A (Under the orders of termination)
Nuclear Fuel Complex, ECIL (Post), Hyderabad
R/o. H.No.5-89, Chimangudi, Srikonda Mandal
Adilabad District-504307, Telangana. .....Applicant
(By Advocate Dr. A.Raghu Kumar)
Vs.
1. The Union of India, rep by its Secretary
Government of India
Department of Atomic Energy
Anushakthi Bhavan
CSM Marg, Mumbai.
2. The Chief Executive
Nuclear Fuel Complex
ECIL (Post), Hyderabad-500062.
3. The Deputy Chief Executive (Admn)
Nuclear Fuel Complex
ECIL Post, Hyderabad-500062.
4. The Administrative Officer-III
Nuclear Fuel Complex
ECIL (Post), Hyderabad - 500062. ....Respondents
(By Advocate Smt.B.Gayatri Varma, Sr.CGSC)
*****
Digitally signed by PANDIRLAPALLI SANDHYA
PANDIRLA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=
DEPARTMENT OF PERSONNEL AND TRAINING,
PostalCode=500004, L=Hyderabad, S=Telangana, STREET=
NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD,
Phone=
PALLI ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfa
a0a510742c22, SERIALNUMBER=
35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41
813a4eb590082, [email protected], CN=
PANDIRLAPALLI SANDHYA
SANDHYA
Reason: I attest to the accuracy and integrity of this document
Location:
Date: 2025.09.11 17:31:26+05'30'
Foxit PDF Reader Version: 2024.3.0
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OA.No.478/2022
ORDER
PER: HON'BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER
1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
"...to call for the records pertaining to the 4th Respondent impugned orders dated 30.04.2022 rejecting the claim of the applicant for reinstatement in the name of complying with the orders dated 28.01.2022 of this Hon'ble Tribunal in CP No.31/2022 and quash and set aside the same as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and contrary to legal position as obtained in catena of judgments and consequently declare that the applicant is entitled for reinstate w.e.f. 27.05.2013 with all consequential benefits such as reinstatement, pay and allowances, seniority and further promotions on par with his juniors in the interest of justice, and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case."
2. The applicant had earlier filed OA.No.1322/2015, which was disposed of by this Tribunal, vide order, dt.28.01.2022, setting aside the impugned order, dt.27.05.2013, by which the services of the applicant were terminated, and directed the Respondents 'to reconsider the aspect of keeping the applicant in public employment for which he is otherwise qualified and pass a speaking order within a period of 3 months from the date of receipt of the order'. When the said order was not implemented within the time stipulated therein, the applicant preferred Contempt Petition (CP) No.31/2022 before this Tribunal.
During the pendency of the said CP, the Respondents again rejected the claim of the applicant, vide the impugned order, dt. 30.04.2022, on the very same ground of non-disclosure of higher qualification. Aggrieved, he filed the present OA.
Digitally signed by PANDIRLAPALLI SANDHYAPANDIRLA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET= NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= PALLI ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfa a0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41 813a4eb590082, [email protected], CN= PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.11 17:31:26+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA.No.478/2022
3. At the cost of repetition, facts of the case are summarised below:
i. The applicant, who belongs to ST (Lambada) Community, applied for the post of Work Assistant 'A', on 26.07.2010, pursuant to publication of Advt.No.NFC/01/2010 of Nuclear Fuel Complex, Hyderabad. The required educational qualification for the said post was 10th class passed. He was called for the written examination on 03.03.2013 and the subsequent interview. In the process of selection, he was offered appointment order, dt.21.05.2013, to the post of Work Assistant A, on adhoc basis. Respondents terminated his services on the ground that he had suppressed the information regarding passing intermediate, in his application form, submitted for the post of Work Assistant/A. The representations submitted by the applicant were rejected by the Respondents. Aggrieved, he filed OA.No.1322/2015, followed by CP.No.31/2022. This Tribunal had set aside the impugned termination order with a direction to the Respondents to reconsider his case in a proper perspective. But the Respondents issued the impugned order, dt.30.04.2022, again rejecting the claim of the applicant, in the name of reconsideration, on the very same ground of non-disclosure of higher qualification, which is bad in law, arbitrary, violative of Articles 14 and 16 of the Constitution of India and the law of the land, as laid down by the Hon'ble Apex Court in a catena of judgments.
ii. The applicant pleaded that he had not committed any irregularity or suppression of any information as he had already informed about his acquiring intermediate qualification through the declaration, dt.25.05.2013, to the Respondents. In issuing the impugned order, Digitally signed by PANDIRLAPALLI SANDHYA PANDIRLA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET= NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= PALLI ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfa a0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41 813a4eb590082, [email protected], CN= PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.11 17:31:26+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA.No.478/2022 dt.30.04.2022, Respondents have failed to implement the orders of this Tribunal passed in OA.No.1322/2015. Respondents have also failed to appreciate the law of the land, as obtained in the judgment of the Apex Court in Puneet Sharma vs. State of Himachal Pradesh in Civil Appeal No(s).10533-10537/2020, wherein the Apex Court had categorically held that 'higher qualification may not be detrimental for getting employment'.
iii. The applicant has relied upon the following judgments in support of his claim -
a. Mary Sai Kumari vs. Regional Manager & Others, 1994 (3) ALT 350, wherein Hon'ble High Court of Andhra Pradesh held that 'higher education is no disqualification for applying to a post'. b. (i) WP.No.50850/2003 (S-CAT) and (ii) Chief Administrative Officer, BARC, Mysore & others vs. G.Maruthi in WP.No.20328/2004 (S-CAT) of Hon'ble High Court of Karnataka.
c. (i) Life Insurance Corporation of India & Others vs. Triveni Sharan Mishra (Civil Appeal No.4335/2007) and (ii) Avatar Singh vs. Union of India & others (SLP No.20525/2011), wherein the Hon'ble Apex Court distinguished the misconduct relating to suppression of information vis-a-vis the issue relating to suppression of information of higher qualification.
4. On notice, Respondents have filed their reply statement, wherein they have averred as follows:
Digitally signed by PANDIRLAPALLI SANDHYAPANDIRLA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET= NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= PALLI ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfa a0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41 813a4eb590082, [email protected], CN= PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.11 17:31:26+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA.No.478/2022 i. The applicant, vide his application, dt.26.07.2010, had applied for the post of Work Assistant 'A', against Category No.6 (Auxiliary Posts) in Advt.No.NFC/01/2010.
ii. As the number of applications received was very large, as compared to the number of vacancies, the Respondents took recourse to the provision under the sub-heading 'Note' before the General Instructions in the advertisement, by restricting the number of applications to candidates who were only 10th class pass. Approximately, 45% of candidates, who possessed higher qualification above SSC, were screened out. As the applicant had indicated his educational qualification as SSC only, at Point No.16 of the application, dt.26.07.2010, he was shortlisted to appear for the written examination. Otherwise, he would have been rejected in the initial stage itself for having completed 'Intermediate' in the year 2006. After the written examination, the applicant was called for interview on 20.03.2013. On that day, he submitted the Declaration form, stating that his "Educational Qualification, as on date" was SSC and "Intermediate discontinued". Subsequently, he had again declared, in an Undertaking, dt.22.04.2013, that he had studied only up to SSC. Subsequently, he was called for Personal Interview, wherein he was asked about his qualification by the Interview Committee Members. The applicant maintained that his qualification was S.S.C. Based on his declaration that his qualification is SSC, the applicant was issued offer of appointment, on adhoc basis, vide letter, dt.24.04.2013.
Digitally signed by PANDIRLAPALLI SANDHYA PANDIRLA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET= NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= PALLI ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfa a0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41 813a4eb590082, [email protected], CN= PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.11 17:31:26+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA.No.478/2022 iii. The applicant submitted letter of acceptance and reported for certificate verification on 18.05.3013, during which he was asked to produce Intermediate discontinued TC or produce a letter from his college to prove his claim of his highest qualification being intermediate discontinued, as indicated in his Declaration, dt.20.03.2013. But the applicant failed to produce the same. On further inquiry, he submitted a copy of TC of Intermediate completion, vide letter, dt.27.05.2013, requesting to pardon his mistake in suppressing the information about passing Intermediate. Respondents terminated his services, vide order, dt.27.05.2013, as per recruitment conditions in respect of suppression of the factual information.
iv. In compliance with the order passed by this Tribunal, in OA.No.1322/2015, filed by the applicant, being aggrieved by the termination order, Respondents have passed a speaking order, dt.30.04.2022, rejecting the candidature of the applicant for appointment on the ground of lack of integrity as seen in wilful suppression of information in various forms like, the Application Form, his Undertaking and the Declaration submitted at the time of interview, in spite of clear instructions to declare all qualifications from SSC onwards. Thus, the allegations of the applicant are stated to be not true.
v. The judgments relied upon by the applicant are not applicable to the present case. In a similar case in OA.No.1218 of 2013, filed by Sri Kilaru Akash, Work Assistant 'A', NFC, whose candidature was Digitally signed by PANDIRLAPALLI SANDHYA PANDIRLA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET= NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= PALLI ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfa a0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41 813a4eb590082, [email protected], CN= PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.11 17:31:26+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA.No.478/2022 cancelled on account of suppression of factual information about his qualification, this Tribunal, vide order, dt.22.04.2014, upheld the decision of the Respondents. Hence, the OA is liable to be dismissed.
5. Heard learned counsels for both the parties and perused the materials placed on record.
6. The following portions of the notification No.NFC/01/2010 are relevant and extracted below-
CATEGORY NO.6 (AUXILIARY POSTS)
a) Name of the ATTENDANT/A (Workshop, Plant, Lab) /
post Hospital Attendant/A
Total number of posts 115 (UR-58, SC-17, ST-8, OBC-32)
Educational Qualifications : Tenth Class pass Pay Band & Min. Pay PB-1 Rs.5200-20200 with GP Rs.1800/- & Rs.7000/-
x x x x Mode of Selection for Administrative & Auxiliary posts.
x x x x
Note:
The prescribed educational qualifications are minimum and mere possession of the same does not entitle candidates to be called for written examination/interview. Where number of applications received in response to the advertisement is large and it will not be convenient or possible to hold written examination/interview for all of them, NFC reserves the right to restrict the number of candidates to a reasonable limit on the basis of marks and experience higher than the minimum prescribed in the advertisement.
x x x x
HOW TO APPLY
x x x x
3. Copies of certificates:
Candidates should submit along with their application, attested copies of certificates (a) Educational qualifications and technical qualifications supported by appropriate marks sheets and experience certificate.
x x x x Digitally signed by PANDIRLAPALLI SANDHYA PANDIRLA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET= NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= PALLI ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfa a0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41 813a4eb590082, [email protected], CN= PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
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7. Only such of those candidates who in the opinion of NFC, suit the organisational requirement, will be called for written test / interview. Advertisement of a post and / or mere fulfilment of minimum prescribed qualifications, etc., will not vest any right in any candidate for being considered for the post and / or called for interview.
7. The impugned order has summarised the repeated bluff by the applicant as follows -
"8. AND WHEREAS, the following are the details of the Undertakings/Declarations submitted by Shri Pawar Subhash before joining the Department:-
Sl.No. Reference Details Undertakings/Declarations Details 1 Declaration form dated Educational Qualification as on date -
20/03/2013 "Intermediate Discontinued" (Point No.2) 2 Undertaking form dated I Pawar Subhash, Roll No.07727 20/03/2013 declared that my qualification is only 10th class/SSC/SSLC. On verification if it is found that I have suppressed my higher qualification, I understand that my services are liable to be terminated (Para-1) 3 Undertaking form dated I have studied upto S.S.C (highest 22/04/2013 educational qualification and having/not having technical qualification of - as on date (Point No.1) 4 Attestation form dated Educational qualifications showing 22.04.2013 places of education with years in School and Colleges since 15th year of age - "SSC passed"(Point No.10)
9. NOW THEREFORE, it is established in clear terms that Shri Pawar Subhash has suppressed the factual information about his possession of educational qualification "Intermediate Pass", not only in his application and at the time of his interview, but also in subsequent undertakings/declaration and point No.10 of Attestation form submitted by him, despite being aware of the consequences that 'the suppression of information leads to termination of services even after his appointment, in terms of point No.3 of Warning of Attestation Form". Thus the act of Shri Pawar Subhash clearly exhibits his lack of Integrity which makes him unsuitable for considering his candidature in Public Employment. Hence, Shri Pawar Subhash cannot be reconsidered for appointment in Nuclear Fuel Complex. Accordingly, this Speaking Order is issued in compliance with the order dated 28/1/2022 of Hon'ble CAT, Hyderabad Bench in OA No.1322 of 2015."
9. In OA.No.1218/2013, vide order, dt.22.04.2014, this Tribunal had held -
Digitally signed by PANDIRLAPALLI SANDHYAPANDIRLA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET= NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= PALLI ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfa a0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41 813a4eb590082, [email protected], CN= PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.11 17:31:26+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA.No.478/2022 "50. However, all the cases relating to suppression of fact have to be considered on their individual merit and the order of the Hon'ble Supreme Court cited above, cannot be applied blindly to all cases relating to 'suppression of fact'.
51. As regards the applicant's contention that the termination order is arbitrary, illegal, discriminatory and violative of principles of natural justice, we do not agree with this as the action taken by the Respondents was as per the procedure adopted by them. In fact, had the Respondents not terminated the applicant's services, they would have exposed themselves to the charge of discrimination against all other candidates who were screened out at various stages on ground of possessing qualification higher than xth class pass.
51. The relief that the applicant is seeking for is based on the ground that he has not suppressed the fact of possession of higher qualification of Intermediate pass and therefore the impugned order dated 21.09.2013 as illegal, arbitrary and may be set aside.
52. The above issue has been deliberated at length and we have come to the conclusion that the applicant has intentionally suppressed the information relating to his possessing higher qualification above xth class pass i.e. Intermediate pass and accordingly the Respondents were well within their right to issue the said impugned termination order.
Accordingly, we see no merits in the case.
53. Accordingly, the OA is dismissed. No order as to costs."
(emphasis added)
10. The judgment in Avatar Singh vs. Union of India and others in SLP(C) No.20525/2011, does not absolve the applicant of his liability in such a case. It was held by the Hon'ble Apex Court that -
"27. Suppression of 'material' information presupposes that what is suppressed that 'matters' not every technical or trivial matter. The employer has to act on due consideration of rules/instructions if any in exercise of powers in order to cancel candidature or for terminating the services of employee. Though a person who has suppressed the material information cannot claim unfettered right for appointment or continuity in service but he has a right not to be dealt with arbitrarily and exercise of power has to be in reasonable manner with objectivity having due regard to facts of cases."
11. Respondents have made a pertinent point that had the applicant declared his qualification correctly, he would have been screened out like others who were in possession of qualification above SSC, like him. The decision by the Digitally signed by PANDIRLAPALLI SANDHYA PANDIRLA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET= NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= PALLI ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfa a0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41 813a4eb590082, [email protected], CN= PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.11 17:31:26+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA.No.478/2022 competent authority, under the rules and conditions stipulated in the Notification seeking applications for appointment and, in the light of the job requirement, cannot be questioned. It is a purely administrative decision which applied uniformly to similarly situated candidates like the applicant. He cannot be allowed to sneak in on the basis of false declaration and further allowed to stay on. This would be unjustified and highly discriminatory towards those who got eliminated simply because they did not bluff in respect of their qualification. It must also be noted that, in case of a bonafide mistake, the applicant could have confessed at the very first opportunity, but he kept dodging till he had no other alternative, but to admit, vide his letter, dt.27.05.2013, that he had wilfully and repeatedly suppressed the vital information and continued to misrepresent in order to secure employment through dishonest means.
12. In the light of the order in OA.No.1218/2013 supra, the matter is no longer res integra. In the present set of circumstances, if the prayer of the applicant is allowed, it will be injustice to those candidates who had disclosed their higher qualification or not applied because they possessed higher qualification and provide undue advantage to the applicant who had resorted to suppression of material information. Hence, we do not find any grounds to interfere with the impugned termination order.
13. The OA is, therefore, dismissed. No order as to costs.
(Varun Sindhu Kul Kaumudi) (Dr. Lata Baswaraj Patne)
Administrative Member Judicial Member
04.09.2025
/ps/
Digitally signed by PANDIRLAPALLI SANDHYA
PANDIRLA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET= NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= PALLI ec4f909cdddc28931061bef733616fb5c65493d179209a8c2cfa a0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba7768772f41 813a4eb590082, [email protected], CN= PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.09.11 17:31:26+05'30' Foxit PDF Reader Version: 2024.3.0