Central Administrative Tribunal - Gauhati
Sukumar Das And Anr; vs Nfr on 25 January, 2023
em No g 1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATIBENCH
Original Application No. 040/00168/2021
2023
Date of order: This, the 25th day of January,
HON'BLE SMT. URMITA DATTASEN, JUDICIAL MEMBER
MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE
1. Sri Sukumar Das, aged about 57
years S/o Late Prafulla Chandra Das
Helper -I
centrala
Admin, Office of the Deputy Chief Materials
strative Manager, Pandu, Guwahati- 781012,
Assam.
(i, 2. Sri Sukanta Kumar Mitra, aged about
48 years, S/o Late Nirmal Kumar Mitra
Helper -|
Office of the Deputy Chief Materials
Manager, Pandu, Guwahati- 781012,
Assam.
...Applicants
- VersUS -
1. The Union of India
Through General Manager
N.FRailway, Maligaon
Guwahati- 781011, Assam
2. General Manager (P)
N.F Railway, Maligaon
GUwahati- 7810l1, Assam.
O.A, No. 040/00168/2021
2
iem No8
Material Manager
3. Principal Chief
N.F Railway, Maligaon
GUwahati- 781011,Assam
Deputy Chief Materials Manager
4. N.F.
General Stores Depot,
Guwahati
Railway, Pandu,
781012, Assam.
...Respondents
&Dr G. J.Sharma
For applicant(s): SriS.Nath
Advocate
Forrespondents: Sri S. ChoUdhury,RIy.
dmini
Centra
Ad
rative ORDER(ORAL)
PER URMITA DATTA(SEN), MEMBER (J):
by the This instant application has been filed applicants praying for following reliefs:
06.02.20 1 "8.1 The impugned Notice dated (Annexure A1) be set aside and quashed.
13.03.202 1 8.2. The impugned Notice dated (Annexure A2) be set aside and quashed. 8.3 The impugned speaking order dated 09.04.2021 (Annexure A3) be set aside and quashed.
8.4 The Hon'ble Tribunal be pleased to direct result of the the respondents to declare the Selection Examination held on 7.03.20 19 in terms
0.A. No. 040/00168/2021 em No 8 3 of the No tification dated 27.04.20 18 and complete the selection process.
8.5 Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case."
2. Since cause of action of the reliefs sOUght for in this application is common to both the applicants, therefore, they are allowed to join in one application.
3. As per the applicants, in response to the Notification Centralg Adm nis i ative No. E/S/254/Pt.-XXVI|l dated 27.04.2018 issued by the Dy.
|euna CMM/PNO with regard to the selection from the staff in Level-1 (erstwhile group- 'D') to group- C' in the category of Jr. Clerk/G/Stores in Level- 1to Level- 2 against 33.1/3% DP QUota (Non-Matric) for selection of four posts (UR- 04, SC- Nil, ST- Nil), they were applied for the same and declared sUccessful in the written examination. In the said Notification dated 27.04.2018 (Annexure - A/8), it was stipulated that the selection would be entirely competitive and on the basis of merit. However, as there is Some inadvertent mistakes, the Dy. CMM/PNO vide Corigendum
0.A. No. 040/00168/2021 tem No 8 4 dated 05.09.2018 had clarified the 2nd para of the Notification dated 27.04.2018 and made it clear that the selection would be suitability-cum-seniority basis.
Subsequently, examination was held on 17.03.2019 wherein both the applicants appeared along with other candidates. However, after about 2 years, vide Notice being No. E/S/54/Pt.-XXVIll dated 06.02.2021 (Annexure Centra.
dminist trative Jeuna A/1), said examination was cancelled without assigning any reason. Being aggrieved with that, present applicants had approached this Tribunal vide O.A. No. 040/00068/2021 which was disposed of by this Tribunal on 04.03.2021 (AnnexUre - A/12) with a direction to the applicants to make representation before the respondent authority and respondents were, thereafter, directed to take decision and communicate the same to the applicants. In compliance of the said Order of this Tribunal, te respondents had issued Notice being No. S/22/Selection/Non-matric/Dy.CMM/PNO/2019 dated
0.A. No. 040/00168/2021 item No8 5 I3.03.2021 and subsequently, had passed impugned speaking Order dated 09.04.2021 wherein it has been mnode of stated that - as per para 189 of IREM, the selection would be on seniority-cum-suitability. Moreover, in minirmunm the Notification dated 27.04.2018, since the eligibility criteria was inadvertently given as matriculate, therefore, the examination was cancelled. Being aggrieved Tribunal Centraa Adminisp with, applicants has approached before this Z trative challenging the Notices dated 06.02.2021 (Annexure-A/1). 13.03.2021 (Annexure-A/2) and Speaking Order dated 09.04.2021(AnnexUre-A/3).
4. During the course of hearing, Dr. G. J. Sharma, leaned cOunsel for the applicants has submitted that as per para 189 of IREM, Group 'D staff has to be promoted on the basis of selection process means suitability/merit-cum seniority and Notification dated 27.04.2018 as well as further Corigendum dated 05.09.2018 was rightly issued as per
0.A. No. 040/00168/2021 6 tem No 8 and even the examination provisions of para 189 of IREM Was held in the year 2019.
27.04.2018, it has been
5. Further,in the Notification dated criteria for selection of clearly mentioned that the eligibility labelled only for Group 'C in Level-2 under DP QUota is 'Non-Matric' and not for 'Matric' as claimed by the respondents, and, furthermore, even no representation was central Ad.
Admin /eunaY
strative made by anyof the candidates alleging any irregularities/
practices with regard to the said examination. Therefore, totally the decision of cancellation of the exanmination is badin law and against the provisions of IREM.
6. Heard both the parties andperused the records.
27.04.2018,
7. It is noted that vide Notification dated posts from options are invited to be selected for four erstwhile group-'D' togroup- C,which stipulates inter-alia:
0.A. No. 040/00168/2021 Item No 8 7 "N. F. RAILWAY offce of the Dy. Chief Materia's Mangger Pandu, Guwahagti- 78101 No. E/S/54 /Pt.-XXVIlI Dated: 27/04 /20 18 Sub:- Selection from the staff in Level- 1 (erstwhile group- 'D') to group- 'C in the category of Jr. Clerk/G/Stores in Level-1 to Leve-2 against 33.1/3%DP QUota (Non-Matric) It has been decided to hold aselection for forming a panel of 04 (four) posts (UR-04, SC- Nil, ST- Nil) in the dmini category of Jr. Clerk/G/Stores in Level-1 to Leve-2 d istrative Jeuna Centra, against 33.1/3% DP QUota (Non-Matric) from the staff in Level- , (Group- 'D' to Group- 'C) in stores deoartment under Dy. CMM/Pandu.
The post will be filled up from amongst the matriculates staff in Level- 1(erstwhile Group 'D') with a minimum of 2 (two) years of regular service as on 01.04.2018 od Stores Department under Dy. CMM/PNO & who have avenue for promotion of Jr. Clerk Categcry.
The selection will be entirely competitive & on the basis of merit.
Subsequent Corrigendum dated 05.09.2018 also stipulates as follows:
"CORRIGENDUM For filling up the vacancies from the staff in Level - I (erstwhile group - D) to group -C(Level-2) in the category of Jr. Clerk(G) /Stores against 33 .1/3% D.P. Quota (Non-matric), a Selection notification was issued on 27.04.2018 vide this Office L/NO. E/S/54 /Pt.-XXVII.
0.A. No. 040/00168/2021 tem No8 8 para of the said Now, may please be read in 2nd notification as under:
staff in The Post will be filed up from anongst the 02 (two) level - 1 (erstwhile group - D) with aminimurm of 01.04.2018 of Stores year of regular service as on Department under Dy.CMM/PNO & who have avenue of promotion of Jr. Clerk category. "The Selection will be on Suitability cum Seniority basis" instead of The Selecton will be entirely competitive and on the basis of rnerit.
Other Terms & Condition will remain sane of tne Notification even number dated 27.04.2018."
Para 189 of IREM stipulates inter-alia:
"IREM Para anmnistra "benuaD Sabunal
189. Promotion to higher grades in Group 'Ci
(a) Railway servants in Group 'D' categores ior whom no regular avenue of oromotion exists 33-1/3% of the vacancies in tne lowest grade of Commercial clerks. Tcke Collectors, Trains clerks Number Tokers.
Time Keepers, Fuel Checkers. Office Clerks. Typists and Stores Clerks etc. shoulc be earmarked for promotion. The quoto for promotion of Group D' staff in ne Accounts Deptts. to Group 'C post of Accounts Clerks wil be 25%. Promoion to Group 'C' will be subject to the following Conditions:
All promotion shoula be made on the basis of selection. There shoula be written tests to aSsess the educational attainments of candidates followed dby interviews where considered necessary. Group 'C' categories referred to cbove should be suitably linked with specified categories in the lower
0.A.No. 040/00168/2021 Item No 8 grades on broad affinity of work to form groups for promotion but it should be ensured that the prospects are made regularly equal in the different groups. The test should be Correlated to the standards of proficiency that can reasonably be expected from railway servants who are generally non-matriculates. The aim of the exarminers should be to assess the general suitability of the class IV railway servants offering themselves for prormotion to class II posts from the point of view of their knowledge of English and their general standard of intelligence.
Tenua Admi,n istrat Labunal ivg 8. From the perusal of the provisions of para 189 of IREM vis-a-vis as well as Notification dated 27.04.2018 , it is evidently clear that to be promoted from erstwhile group 'D' to group 'C', the selection process should be on suitability/merit-cum-seniority whereas, from the perusal of the ImpUgned Notices dated 06.02.2021, 13.03.2021 and speaking order dated 09.04.2021, it is found that the reasons for cancellation of the examination, as per para 189 of IREM, the promotion should be on the basis of seniority cum-suitability as well as Notification Was issued
0.A. No. 040/00168/2021 10 item No 8 sUch observations 'Matriculate'. However, inadvertently as clearly contradictory to ihe in the Impugned Notices are Notification dated 27.04.2018 provisions of para 189 of IREM, Corrigendum dated 05.09.2018, has clearly as well as the provisions of selection as suitablity/nerit stipulated as 'Non-Metric'. Therefore, both thE CUM-seniority as well respondents are claining grounds onthe basis of which the contrary to the provisions of to cancel the examination is Admintstrative in the buna IREM as well as factual position depicted Therefore, in Our Corrigendum dated 05.09.2018.
considered opinion, such grounds for cancellation is from contrary to the law and liable to be qUashed. Apart this, it is very unfortunate to observe that, sUch a senior Officer like Dy. Chief Materials Manager is not aware of the provisions of their own IREM.
9. In view of the abOve, we set aside and quashn the Impugned Notices dated 06.02.2021 (Annexure- A/]),
0.A. No. 040/00168/2021 Item No 8 11 T3.03.2021 (Annexure- A/2) and ImpUgned Speaking Order datedO9.04.202 1(AnnexUre- A/3).
10 Respondents are hereby directed to complete the selection process as per Notification dated 27.04.2018 as well as Corrigendum dated 05.09.2018 within a period ef four months from the date of receipt of a copy of this order.
Adminstrative 11. O.A. stands disposed of with the above observations and directions, with no order as to Costs Sd/ SMT. URMITA DATTASEN Hon'ble MEMBER (J) Sd/ DR.SUMEET JERATH Hon'ble MEMBER (A) BD
0.A. No. 040/00168/2021