Central Administrative Tribunal - Delhi
Satender Kumar Paswan vs Govt. Of Nctd on 26 July, 2016
Central Administrative Tribunal
Principal Bench, New Delhi
O.A.No.3797/2013
This the 26th day of July, 2016
Hon'ble Shri Shekhar Agarwal, Member (A)
Hon'ble Shri Raj Vir Sharma, Member (J)
1. Satender Kumar Paswan
S/o Shri Ganour Paswan
R/o 411, Type-2, Block No.8
Krishi Kunj, Inderpuri, New Delhi-12.
2. Kali Charan
S/o Shri Prem Singh
R/o D-3/425, Gali No.8, IIIrd Pusta
Sonia Vihar, Delhi-94. .. Applicant
(By applicant in person, Shri Satender Kumar)
Versus
1. Delhi Subordinate Services Selection Board
FC-18, Institutional Area Karkardooma, Delhi
through its Secretary.
2. The Govt. of NCT of Delhi
Through its Chief Secretary
Players Building, I P Estate
New Delhi. ..Respondents
(By Advocate: Ms. Alka Sharma)
O R D E R (ORAL)
Shri Shekhar Agarwal:
The applicants are aggrieved by the alleged discriminatory and arbitrary action of the respondents in not appointing them to the post of Driver in spite of their securing more marks than the last selected candidate.
2. The respondents have filed their reply disputing the claim of the applicants. The reason given by them is that the applicants 2 O.A.No.3797/2013 being scheduled caste candidates from outside Delhi, were not entitled for the benefit of reservation in the services/posts under the Govt. of Delhi.
3. Today, when the matter was taken up for consideration, the applicant, Satender Kumar, who is present in person, has invited our attention to an earlier Order of this Tribunal dated 14.11.2011 in OA No.1837/2011. This order was upheld by the Hon'ble High Court of Delhi vide Order dated 03.04.2013 in WP(C) No.5584/2012 in the case of GNCTD & Anr. V/s Satish Chand & Ors. wherein the Hon'ble High Court observed as follows:-
"Verify the applicant's caste being notified in Delhi under Rule 341(1) of the Constitution and pass an appropriate order thereon within two months from the date of receipt of a certified copy of this order. If upon such verification, the applicant is found entitled to the benefit of reservation, the respondent may consider extending the same to the applicant or otherwise inform the applicant of his decision in the matter with the result of their verification. No order as to costs."
4. Their case is also covered by an earlier order of Hon'ble High Court in the matter of Deepak Kumar & Others v. District & Sessions Judge, Delhi & Others (WP (C) No.5390/2010 with connected petitions) decided on 12.9.2012, whereby the aforesaid restriction that a scheduled caste candidate from outside Delhi, was not entitled for the benefit of reservation in the services/posts under the Govt. of NCT of Delhi, has been removed. The operative part of the said judgment reads as under:-
"67. In view of the above discussion WP No.5390/2010; WP No.3223/2011, 3278/2011, 7717/2010 are allowed. The third, fourth and fifth 3 O.A.No.3797/2013 Petitioners in W.P. 1205/2010 are entitled to succeed; the said petition is allowed to that extent. The said petition is dismissed, as far as the first and second writ petitioners are concerned. For the reasons mentioned earlier, W.P. (C) No.816/2011, 1713/2011 7878/2010 and 8368/2010 are dismissed. W.P. (C) No.1513/2011 is allowed, and the impugned order of the Central Administrative Tribunal is set aside. Consequently, in WP No.5390/2010; WP No.3223/2011 3278/2011, 7717/2010 as well as WP 1205/2010 (as far as it concerns the third, fourth and fifth Petitioners) the District Judge, and the Govt. of NCT are hereby directed to ensure that the petitioners' cases for appointment to LDC are processed, and they are treated as scheduled caste or scheduled tribe candidates, entitled to be considered as such, and appropriate orders made in that regard. This exercise shall be concluded within six weeks from today.
68. Having regard to the public importance of the questions which have arisen and have been dealt with, in relation to the interpretation of Articles 16, 341 and 342 of the Constitution of India, the Court hereby grants certificates to appeal to the unsuccessful parties, under Article 134 A of the Constitution of India, to appeal to the Supreme Court.
69. There shall be no order on costs."
5. During the course of the arguments, it was fairly admitted by the learned counsel for the respondents that the caste of both the applicants herein are notified as Scheduled Caste under the Govt. of NCT of Delhi also. In fact, both the applicants have now obtained the Scheduled Caste Certificate from Govt. of NCT.
6. In view of the aforesaid, we allow this OA and direct the respondents to process further the candidature of the applicants herein as Scheduled Caste candidates. In case they are found eligible for appointment, then they shall be appointed within a period of six weeks from the date of receipt of a certified copy of 4 O.A.No.3797/2013 this order. The applicants shall also be entitled to consequential benefits of pay fixation and seniority. There shall be no order as to costs.
( Raj Vir Sharma ) ( Shekhar Agarwal ) Member (J) Member (A) /vb/