Central Administrative Tribunal - Mumbai
Danish Nazir vs M/O Civil Aviation And Tourism on 26 September, 2024
1 OA No. 250/2020
Central Administrative Tribunal
Mumbai Bench: Mumbai
OA No.250/2020
This the 26th day of September, 2024
Hon'ble Mr. Justice M.G.Sewlikar, Member (J)
Hon'ble Mr. Santosh Mehra, Member (A)
1. DANISH NAZIR, Son of Nazir Ahmad, Date of birth:
01.02.1988, Age: 32 years 05 months, working as:
AIRWORTHINESS OFFICER (Group "A" post), in the Office
of - DDG(WR), DGCA, New Integrated Office Complex, New
Airport Colony, Vile Parle (East), Mumbai 400099, and
residing at: Flat No.02, Ground Floor, DGCA Residential
Complex, Tarun Bharat Road, Near BMC School Chakala,
Chakala, Andheri (East), Mumbai 400099, State of
Maharashtra, Cell: 7738005158, Cell: E-mail ID:
[email protected]
2. AKHILESH KUMAR MISHRA, Son of Devendra Kumar
Mishra, Date of birth: 01.02.1989, Age: 31 years 05
months, working as :AIRWORTHINESS OFFICER (Group
"A" post), in the Office of DDG(WR), DGCA, New Integrated
Office Complex, New Airport Colony, Vile Parle (East),
Mumbai 400099, and residing at House No.78, Block-13,
02nd Floor, CGS Colony, Ghatkopar, Mumbai 400086,
State of Maharashtra, E-mail ID: [email protected]
3. BRAJESH KUMAR SRIVASTWA, Son of Vinod Lal
Srivastwa, Date of birth: 07.02.1986, Age: 34 years 05
months, working as :AIRWORTHINESS OFFICER (Group
"A" post), in the Office of - DDG(WR), DGCA, New Integrated
Office Complex, New Airport Colony, Vile Parle (East),
Mumbai 400099, and residing at: 3226, 4th Floor, CGS
Colony, Antop Hill, Kane Nagar, Mumbai 400037, State of
Maharashtra, Cell: 8700523758, Cell: E-mail ID
[email protected]
2 OA No. 250/2020
4. KAMLESH KUMAR, Son of Bishnudeo Ram, Date of
birth: 24.11.1981, Age: 38 years 08 months, working as :
AIRWORTHINESS OFFICER (Group "A" post), in the Office
of - DDG(WR), DGCA, New Integrated Office Complex, New
Airport Colony, Vile Parle (East), Mumbai 400099, and
residing at 449, Ground Floor, CGS Colony, Antop Hill,
Kane Nagar, Mumbai 400037, State of Maharashtra, E-
mail ID: [email protected]
-Applicants
(By Advocate Mr. R G Walia )
VERSUS
1. UNION OF INDIA, Through Secretary, Ministry of Civil
Aviation, Rajiv Gandhi Bhavan, Safdarjung Airport, New
Delhi 110 003.
2. UNION PUBLIC SERVICE COMMISSION. Dholpur
House, Shahjahan Road, New Delhi-110069 011-23098543
3. Director General of Civil Aviation, Office of DGCA,
Ministry of Civil Aviation, Aurobindo Marg, Safdarjung
Airport, New Delhi 110 003. -Official Respondents
4. PANKAJ KUMAR-II, Working as -AIRWORTHINESS
OFFICER, DGCA HQRS AUROBINDO ROAD, OPP
SAFDURJUNG AIRPORT NEW DELHI - 110003. MOB NO-
9967703895, Email Id - [email protected]
5. SURENDRA CHAUDHARY Working as
AIRWORTHINESS OFFICER O/o- DEPUTY DIRECTOR OF
AIRWORTHINESS, CIVIL AVIATION DEPARTMENT (DGCA),
AMOUSI AIRPORT, LUCKNOW-226009. MOB NO-
7086053095, Email Id - [email protected]
6. SUGALI LAL KIRAN NAIK (Working as
AIRWORTHINESS OFFICER, O/o-DDAW, CIVIL AVIATION
DEPARTMENT, BEGUMPET AIRPORT HYDERABAD-
500016, MOB NO- 8686162964, Email Id -
[email protected]
3 OA No. 250/2020
7. PAWAN KUMAR - II, Working as-AIRWORTHINESS
OFFICER, In the office of REGIONAL OFFICE OF DEPUTY
DIRECTOR GENERAL, NORTHERN REGION, OLD A.T.C.
BUILDING, I G. I. AIRPORT, DOMESTIC TERMINAL, NEW
DELHI - 110037, MOB NO. 9654718854, Email Id
[email protected]
8. NUSHRAT KHAN, Working as-AIRWORTHINESS
OFFICER In the office of DGCA HQRS, AUROBINDO ROAD,
OPP. SAFDURJUNG AIRPORT, NEW DELHI -110003, MOB
NO-8767097087, Email Id:- nusratkhan.dgca@gov in
9. Anoop Kumar Chaudhary son of late Ram Raj
Chaudhary Date of Birth 25/09/1985, Age: 34 years
Working as Airworthiness Officer in the office of DDG (WR),
New Integrated Office Complex, Vile Parle(E), Mumbai -
400099 and residing at B No -38, Flat no-436, sector-3,
CGS Colony, Kane Nagar. Antop Hill, Mumbai,
Maharashtra 400037 Email [email protected]
10. Pardeep Kumar Son of Omparkash Date of Birth:
25/07/1990, Age-30 Years Working as Airworthiness
Officer in the office of DGCA Hqrs, Aurobindo Road,
OppSafdarjung Airport, New Delhi-110003 and residing at
H.no 1451 Huda Sector 19, Sirsa, Haryana -125055 E-
mail: [email protected]
11. Sunil Kumar Son of Indradeo Saw Date of Birth:
17/09/1982, Age. 37 Years, Working as Airworthiness
Officer in the office of Deputy Director of Airworthiness,
JPNI Airport, Patna-800014 and residing at D- 102,
PrashrayAppartment, Arah Garden Road, Bailey Road,
Patna- 800014, E-mail: [email protected]
12. Vmund Kommar san of Shu Uma Shankar, Date of
Bath 07:01 Age: 33 Years, Working as Airworthiness Officer
in the office of DDG (WRI New Integrated Oflies Complex,
Vile Parle(E), Mumbai-400009 and Residing in Flat no 461
block 41, sector 2. CGS colony Kane Nagar. Antophill,
Mumbai, Maharashtra-400037
E-mail: [email protected]
4 OA No. 250/2020
13. Ravi Kumar Son of Ram Krishna Yadav Date of Birth:
05/02/1990, Age: 30 Years, working as Airworthiness
Officer in the office of DDG (NR), G5 Building, First Floor,
Terminal 1, IGI Airport, New Delhi- 110037 and residing at
Flat no 40, Shubham Apartment, Pocket-4, Sector-12.
Dwarka, Dellu -110078 Email [email protected]
14. Tilak Raj son of Ram Lal, Date of Birth: 25/10/1976,
Age: 45 Years, Working as Airworthiness Officer in the
office of DDG(WR), New Integrated Office Complex, Vile
Parle(E), Mumbai -400099 and residing at Quarter No
1364, CGS Colony Kane Nagar, Antop hill, Mumbai,
Maharashtra -400037 Email ID [email protected]
15. Prabhakar Anand son of Prasadi Mandal, Date of
Birth: 02/05/1983, Age: 37 Years, Working as
Airworthiness Officer in the office of DDG(WR), New
Integrated Office Complex, Vile Parle(E), Mumbai -400099
and residing at Flat no 1367, Building no 154, Sector 4
CGS Colony, Kane Nagar. Antop Hill-400037 Email:
[email protected]
16. Arvind Saroj Son of Birbal Date of Birth 16/12/1984,
Age 35 Years Working as Airworthiness Officer in the office
of DDG (WR), New Integrated Office Complex, Vile Parle(E),
Mumbai -400099 and residing at Quarter No 490, Building
No. 45. CGS Colony. Sector 2, Antop Hill. Kane Nagar,
Mumbai 400037 E-mail [email protected]
17. Barun Chowdhury son of Late Baidyanath
Chowdhury Date of Birth 23/07/1974 Age 46 Years
Working as Airworthiness Officer In the office of DDG, ER,
N. S.C.B.I. Airport, Kolkata-700052 and residing at Milan
Pally, P.O. Hridaypur, North 241Pgs, West Bengal-700127
Email [email protected]
18. Chetal Singh son of Manbir Singh, Date of Birth
16/07/1990. Age 30 Years Working as Airworthiness
Officer in the office of DDG (WR), New Integrated Office
Complex, Vile Parle(E), Mumbar-400099 and residing at O-
7/2, New Airport Colony, Vile Parle east, Mumbai,
Maharashtra-400099 Email: [email protected]
5 OA No. 250/2020
19. Deepak Kumar Son of Madan Pal Singh, Date of Birth
10/06/1987. Age 33 years working as Airworthiness
Officer in the office of DDG (NR), G5 Building, First Floor.
Terminal 1, IGI Airport, New Delhi-110037 and residing at
House no. 13 BerSarai, New Delhi-110016 Email
[email protected]
20. Mahendra Babu Manapatı son of M. Marenna, Date of
Birth. 04/06/1984, Age. 36 Years, Working as
Airworthiness Officer in the office of Deputy Director of
Airworthiness. Begumpet Airport, Hyderabad-500016 and
residing at Flat no-201 Buchireddy Apartment, Gandhi
Nagar, Near Abhidhaya School Hyderabad-500080 Email:
[email protected]
21. Dhananjai Kumar son of Deonath Ram, Date of Birth:
11/07/1978, Age: 42 Years, Working as Airworthiness
Officer (Group A) in the Office of DDG (NR), GS Buriding.
First Floor, Terminal IGI Airport, New Delhi-110037 and
residing at WZ-59 B. Flat no-203, Second Floor. Near OBC
Bank, Palam Village, New Delhi-110045 Email
[email protected]
22. Om Prakash Meena son of Chaturbhuj Meena, Date of
Birth: 06/09/1987 Age 32 years, working as Airworthiness
officer in the office of DGCA office, NSCB Anport. Kolkata-
700052 and residing at Flat No A5/70, Kendriya Vihar
Haldiram, VIP Road, Kolkata-700052, Email
[email protected]
23. Himanshu Chaudhary son of Muran Lal, Date of
Birth: 13/11/1988, Age 31 Years, Working as
Airworthiness Officer in the office of Deputy Director of
Airworthiness, Begumpet Airport, Hyderabad-500016 and
Residing at 12-5-64. Vijayapuri Colony, Chennareddy road,
Tarnaka, Secunderabad, Telangana-500017 Mail id
himanshu.dgca@nic in
24. Darnasi Narendra son of Darması Surasah, Date of
Birth: 14/01/1989, Age 31 Years, Working as
Airworthiness Officer in the office of Deputy Director of
6 OA No. 250/2020
Airworthiness, Begumpet Airport, Hyderabad-500016 and
residing at Plot No. 10, 1st Floor, Pavan Vihar Colony Lane
No.2, Bowenpally. Secunderabad-500011 E-
mail:[email protected]
25. Vikash Dayma son of Satya Narayan Dayma, Date of
Birth: 11/05/1990, Age: 30 Years, Working as
Airworthiness Officer in the office of DDG Bangaluru old
HAL airport. Vimanpura Bangaluru 560017 and residing at
D-15, Central Gov Officers Hostel, Domlur. Bengaluru-
560071 E-mail [email protected]
26. Suresh Kumar Dogra Son of Gurbachan Lal, Date of
Birth. 12/04/1987, Age: 33 Years, Working as
Airworthiness Officer in the office of DGCA-Hurs, Opposite
Safdarjung Airport, New Delhi-110003 and residing at H.
No. 108, W. No. 12, Barı Brahmna, Samba, J&K-181133
Email [email protected]
27. Satendra Singh son of Laxman Das, Date of Birth
21/07/1985. Age: 35 Years, working as Airworthiness
Officer in the office of DDAW DGCA, Lucknow Airport and
residing at E.D 1/217 sector D- 1.L.D.A colony Kanpur
road, Lucknow-226012 Email [email protected]
28. Priya Meena daughter of B L. Meena Date of Birth
28/10/1987, Age 32 Years Working as Airworthiness
Officer in the office of DDAW, CAD, LG BI Airport, Gauhati-
781015. Assam and residing at 3-D, Sushrita Hillside, 52-
Zoo Narengi, Guwahati-781005 Email-
-Private Respondents
(By Senior Counsel Mr. R R Shetty a/w Mr. P Khosla,
Ms. Priyanka Mehndiratta, Dr V B Joshi)
7 OA No. 250/2020
ORAL ORDER
By Justice M.G. Sewlikar, Member (J) Challenge in this OA is to the Seniority List dated 21st December, 2018 and order of rejection of representation of applicants dated 21st December, 2018 (Annexure A1 & A2).
2. Facts in nutshell are that the UPSC published an Advertisement No. 51/2012 for the post of Airworthiness Officer. Selection process consisted of written test and interview and total vacancies were of 130 posts. After completion of selection process, Main List of 130 candidates was declared (Initially, list of 100 candidates and subsequently, list of 30 candidates was declared). Reserve List of 25 candidates was prepared. The names of the applicants in Reserve List appeared at serial no. 1, 2, 3 and 4. The applicant no. 1 joined on 29th December, 2014. applicant no. 2 joined on 06th April, 2015, applicant no. 3 joined on 19th February, 2015 and applicant no. 4 joined on 31st December, 2014. The candidates in the Main List joined between May, 2013 and October, 2013 i.e. before the joining of the applicants belonging to Reserve List. 8 OA No. 250/2020
3. Accordingly, Seniority List was prepared on 21st December, 2018 showing the Private Respondent nos. 4 to 28 senior to the applicant nos. 1 to 4. According to the applicants, they have scored more marks than the Private Respondents nos. 4 to 28 and therefore, they should have been ranked above Private Respondent nos. 4 to 28 in the Seniority List.
4. We have heard learned counsel for the applicants and learned senior counsel for the respondents at length.
5. The issue involved in this OA is whether the candidates in Reserve List who have scored more marks than the candidates in the Main list (who have joined prior to the candidates in the Reserve List) can be placed above the candidates in the Main List. This issue is no longer res integra. Relying on the judgement of the Supreme Court in the case of Gujarat State Deputy Executive Engineers' Association versus State of Gujarat and Others, 1994 Supp (2) Supreme Court Cases 591, Delhi High Court in the case of Union of India and Anr. versus Pallavi Gupta and Ors. W.P.(C) 14908/2022 (Delhi High Court) 9 OA No. 250/2020 decided on 12th July, 2023 has recorded following observations:-
"37. Having noted the aforesaid instructions, it is necessary at this juncture to highlight the stand taken by the UPSC before this Court, inasmuch as, when the selection process is through examination conducted by UPSC or any other authority, the selection process is said to be completed on the date of publication / announcement of the result. However in a case where direct recruitment is through the process of interview conducted by the UPSC, it is on the date when the UPSC issues the letter of recommendation of the candidates, that the selection process can be said to be completed.
38. There is no dispute that the date of recommendation of the UPSC insofar as recruitment to 44 vacancies to the post of Assistant Director, Operations is concerned, was April 13, 2015. But pursuant to the petitioners' approaching the UPSC because of non-joining of a few recommended candidates, the UPSC operated the Reserve List and on May 17, 2016, made fresh recommendations of candidates including the respondent No. 1 in W.P.(C) 14908/2022 Pallavi Gupta. So, it is the date of May 17, 2016 which would be construed as the date of completion of her selection. Likewise, insofar as vacancies to the post of Deputy Director, Operations is concerned, the respondent Nos. 1 and 2 in W.P.(C) 16852/2022 were recommended from the Reserve List for appointment on August 23, 2016 and January 2017 respectively
39. As noted already, paragraph 2.1.1 of the DoP&T OM dated November 11, 2010 prescribes that inter-se seniority of the candidates nominated from Reserve List will be fixed as per the consolidated merit given by the UPSC. The said merit had no bearing insofar as the Main List of April 13, 2015 is concerned. In fact, the UPSC vide its letter dated September 13, 2019 had advised DGCA to prepare a consolidated Merit List using the following principle;
(i) Candidates recommended from the Main List in order of Merit and
(ii) After that candidate from Reserve List in order of date of recommendation letter, in the order of merit within that.10 OA No. 250/2020
40. We agree with the aforesaid advise of the UPSC, which to us, is in conformity with the law laid down by the Supreme Court in the case of Gujarat State Deputy Executive Engineers Association (supra) wherein the following observation was made:-
"8. Coming to the next issue, the first question is what is a waiting list?; can it be treated as a source of recruitment from which candidates may be drawn as and when necessary?; and lastly how long can it operate? These are some important questions which do arise as a result of direction issued by the High Court. A waiting list prepared in service matters by the competent authority is a list of eligible and qualified candidates who in order of merit are placed below the last selected candidate......"
41. The Kerala High Court in Bhupendra Sharma & Ors. v. Union of India & Ors., OP (CAT) No. 172/2019, decided on February 19, 2020, while dealing with the similar issued, held as under:
"26. ....As per Rule 13(v), candidates from the consolidated reserve list provided under sub-rule (iv) shall be allocated by the Government to the services and where certain vacancies still remained to be filled up, the Government may forward a requisition to recommend from the reserve list for the purpose of filling up the unfilled vacancies in each category. Therefore, having been placed in the consolidated reserve list pertaining to his category, the applicant cannot contend that, based on aggregate marks, he ought to be placed senior to respondents 6 to 8. As rightly pointed out by the learned Counsel for the petitioners, in the absence of a consolidated reserve list constituted in terms of Ext.P2, the applicant would not have been considered for selection and appointment."
42. The Tribunal has clearly erred in relying upon the judgment of its Bangalore Bench in Smt. Umesh Kuwar (supra) and Mr Vindumadhav Shukla (supra). In fact the latter judgment of the Tribunal was set aside by the Kerala High Court in Bhupendra Sharma (supra).
43. It is surprising that the Tribunal has relied upon the judgment of the Ernakulam Bench, which, by that time was set aside by the High Court vide its order dated February 19, 2020. Even the SLP against the order was 11 OA No. 250/2020 dismissed by the Supreme Court on February 10, 2022. We find no pleasure in stating that the Tribunal did not even bother to find out as to whether the judgment of its Ernakulam Bench stood upheld by a Higher Forum. Insofar as the decision of the Bangalore Bench of the Tribunal in Smt. Umesh Kuwar (supra) is concerned, we have been informed that the Bangalore Bench itself in another O.A. bearing O.A. No.170/001434/2018, decided on December 30, 2019 has set aside the revised Seniority List prepared on the basis of Smt. Umesh Kuwar (supra) and reinstated the earlier Seniority List of 2015.
44. In other words, both the judgments on which reliance has been placed by the Tribunal have been either diluted or set aside and as such, could not have been considered by the Tribunal while allowing the O.A. filed by the respondent No.1 in W.P.(C) 14908/2022 and respondent Nos. 1 and 2 in W.P.(C) 16852/2022.
45. Insofar as the submissions made by Mr. Bhardwaj by relying upon OMs dated August 8, 2013 and January 9, 2014 issued by DoP&T, are concerned, a perusal of paragraph 2 of both the OMs makes it clear that they relate to inter-se seniority of candidates recommended on the basis of a particular service through the Civil Service Examination, on the basis of aggregate marks obtained by the candidates. The said OMs do not relate to the situation with which this Court is concerned in these petitions; i.e., the manner in which seniority shall be determined between a candidate in the Main List and a candidate appointed later through the Reserve List. The said OMs have no applicability herein."
6. Learned counsel for the applicants submits that the case of Pallavi Gupta (supra) does not apply to the facts of the case at hand because in the case of Pallavi Gupta (supra), the selection was made only on the basis of interview whereas in the case at hand, selection process consisted of written test and interview as well. We do not 12 OA No. 250/2020 find any substance in this argument. The question involved is whether candidates in Reserve List can be ranked above the candidates in Main List though candidates in Reserve List scored more marks and joined later than the candidates in Main List. This issue has been answered by Delhi High Court in the case of Pallavi Gupta (supra). What was the nature of selection process is insignificant and, therefore, the contention of learned counsel for the applicant in this respect is rejected.
7. In view of the above, OA is without any substance. Hence, it is dismissed with no orders as to costs. 8. MA No. 310/2020
At this stage, learned counsel for the respondent no. 2, Mr. V.B. Joshi states that the UPSC is not a necessary party. He contends that no relief is claimed against UPSC.
UPSC is a necessary party because the UPSC has prepared the Main List and the Reserve List. Hence, Application stands disposed of.
13 OA No. 250/20209. MA No. 275/2020
Having regard to the issue involved in this OA, delay of three months is condoned. Application stands disposed of.
10. MA No. 681/2021 for early hearing stands disposed of.
(Santosh Mehra) (Justice M.G.Sewlikar) Member (A) Member (J) 'NK'