Central Administrative Tribunal - Chandigarh
Sudesh Kumar vs Forest Research Institute on 11 March, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 63/1262/2022
Reserved on: 10.01.2025
Pronounced on: 11.03.2025
HON'BLE MR. RAMESH SINGH THAKUR, MEMBER (J)
HON'BLE MRS. ANJALI BHAWRA, MEMBER (A)
Sudesh Kumar, S/o. Sh. Dharam Singh, Aged 34 years, R/o. Village
Kayona, PO - Chimnoo, Tehsil - Jogindernagar, District Mandi (HP),
Presently working as MTS (Group - C) in Himalayan Forest Research
Institute, Panthaghati, Shimla - 171009.
...Applicant
(BY ADVOCATE: Mr. M. A. Safee)
VERSUS
1. Union of India through Secretary, Ministry of Environment & Forests,
Government of India, Indira Paryavaran Bhawan Jorbagh Road, New
Delhi - 110003.
2. Indian Council of Forestry Research & Education, PO, New Forests,
Dehradun through its Secretary.
3. Himalayan Forest Research Institute, Conifer Campus, Panthaghati,
Shimla - 171009 through its Director.
...Respondents
(BY ADVOCATE: Ms. Shubh Mahajan along with Dr. Sandeep Sharma,
Director)
ORDER
Per: RAMESH SINGH THAKUR, MEMBER (J):
1. This O.A has been filed under Section 19 of the Administrative Tribunals Act, 1985 against the advertisement dated 12.10.2022 to the extent whereby one post (General category) of LDC has also been sought to be filled up by way of Direct Recruitment. The applicant sought for the following reliefs:
"(i) That this Hon'ble Tribunal may kindly be pleased to issue a appropriate order, direction or order quashing the impugned advertisement dated 12.10.2022, (Annexure A-9) to the extent whereby one post (General category) of Lower Division Clerk has also been sought to be filled up by way of Direct Recruitment being patently illegal, arbitrary, discriminatory, unconstitutional besides the same being 2 in violation to the settled law of the land as the same is to be filled by way of promotion from amongst Group C Employees.
(ii) That this Hon'ble Tribunal may kindly be pleased to issue a appropriate order, direction or order to the respondents to maintain combined roster for filing up the post of Lower Division Clerk in the manner as provided in Para (xv) herein and above and such consider the Applicant for being considered for promotion to the post of Lower Division Clerk from amongst Group C Category of employees on the seniority-cum-fitness basis with all consequential benefits."
2. The brief facts of the case as submitted by the applicant are that the Applicant after having acquired the essential educational qualification was initially appointed as Multi Tasking Staff-Security Attendant in Himachal Forest Research Institute on regular basis vide order dated 12.06.2014 (Annexure A-2) and joined his duties as MTS on 18.06.2014. He submits that the the next promotional post to the post of MTS is that of Lower Division Clerk which is to be filled up strictly on the basis of the Recruitment and Promotion Rules framed and implemented by the Respondents.
3. As per the Recruitment and Promotion Rules (Annexure A-3), there are 5 posts of Lower Division Clerk in Respondent No-3 Institute and is to be filled up in the following manner:-
A. 85% by Direct Recruitment B. 10% Vacancies shall be filled on the basis of departmental qualifying examination amongst Group 'C' staff, who possess 12th Class pass certificate from recognized board and have rendered 3 years regular service in the pay band-1:
Rs.5,200-20,200/- plus grade pay of Rs.1,800. The maximum age limit for eligibility for examination is 45 years. (50 years of age for the SC/ST) 3 C. 5% of the vacancies shall be filled on seniority cum fitness basis from Group 'C' employees who have three years regular service in posts with the grade pay of Rs.1,800/-
4. He submits that from the above provisions of the Recruitment and Promotion Rules it is very evident that 85% of the posts of the Lower Division Clerk are to be filled up by way of Direct Recruitment, 10% are to be filled up by way of Limited Departmental Examination and 5% from amongst Group C employees having three years of regular service in the post with the Grade Pay of Rs. 1800/- and the Applicant belongs to third category as he is working as MTS which is a Group C post in Himalayan Forest Research Institute and is eligible for promotion to the post of LDC against 5% Quota reserved for Group C Category Employees of the Institute. The 5 posts were sanctioned by the Respondent No.2 as approved by Ministry of Environment and Forest on 05.12.2013. Thus, in such a situation it was incumbent upon the Respondent institute to revise its roster as per the share allocated to the different feeder category in terms of New Recruitment and Promotional rules.
5. It is further submitted that the Applicant is the senior Most MTS with more than 8 years of service in the Grade Pay of Rs. 1800/- and as such is fully eligible for being considered for promotion to the post of Lower Division Clerk. From the above 5 posts which were sanctioned, 4 posts fall to the share of Direct Recruits and 1 post fall to the share of Promotees/departmental qualifying examination.
6. As per roster he submits that as in the present case, if there are total 5 posts of LDC, though the roster will decide as to whether 4 the post is to be filled up by way of direct recruitment or the same is to be filled up by way of promotion in order to maintain the percentage of Direct Recruits vis-à-vis the Promotees in accordance with the Recruitment and Promotion Rules, however at the same time the roster shall ensure that the at a time the entire cadre strength should maintain the ratio of 85:10:5 in terms of Recruitment and Promotion Rules. The vacancy based roster is to be maintained for filling up of the vacancies in case different methods of recruitment are prescribed in recruitment rules. Vacancy based roster ensures preparation of roster points based on cyclic rotation of vacancies between different methods of recruitment which in turn is based on the quota prescribed by the recruitment rules between the different methods of recruitment and it is to be ensured that the percentage of each method of recruitment is to be maintained. He submits that in the present case Institute, of the total 5 posts 4.25 post (85% of total 5 post) fell to the share of Direct Recruits, 0.50 post (10% of total 5 post) fell to share of Limited Departmental Examination and 0.25 post (5% of total 5 post) fell to share of promotees, as per Annexure A-4. Meaning thereby that not even a single post fell to the share of Limited Departmental examination and the promotion category. However, the 4.25 post is to be taken as 4 and 0.50 as 1 post applying the settled principles of service jurisprudence. Since the rules were amended/sanctioned strength was changed to 5 under the new Recruitment and Promotion Rules in the year 2013, hence as per the instructions issued by the Central Government vide office memorandum dated 24.06.1978 (Annexure A-5) a new roster was to be started in as much as the instructions specifically 5 provides that "when there is an amendment in the Recruitment and Promotional Rules which changes the percentage allotted for the various modes of recruitment then in such a situation a new roster is to be started". In the new Recruitment and Promotion Rules, the cadre strength of the Lower Division Clerk has been reduced from 7 to 5, however the share of feeder category i.e. Group C remained the same i.e. 5%, therefore in terms of the instructions issued by the Central Government the Respondent institute was bound to prepare a new roster as there is an amendment to the Recruitment Rules which changed the percentage allotted to the various modes of Recruitment.
7. It is further submitted that even under the old Recruitment and Promotion Rules only 0.35 Posts fell to the share of the category of the Petitioner meaning thereby that not even a single post fell to the share of the category of the applicant, however clarification was sought from the respondent No.2. The Respondent No.2 issued the clarification that one post shall fall to the share of promotees, i.e., Group C Employees earlier known as Group D. In compliance to the clarification an incumbent namely Shri Bachitter Singh was promoted to the post of Lower Division Clerk vide order dated 03.01.2002 (Annexure A-7). The respondents are bound to maintain the share of each category in terms of Recruitment and Promotion Rules.
8. The applicant further submits that not even a single promotion has been made from amongst Group C employees as the Respondents were bound to fill up one post of Lower Division Clerk from Multi Tasking Staff {Group C post} and the Respondents are not maintaining the combined roster as a resultant effect of which the 6 fundamental right of being considered for promotion to one of the feeder category has been denied. It was only after the representation to all the category is achieved up to the prescribed percentage that the vacancy is to be filled up from the category which vacates the Post.
9. It is further submitted that at the time of initial recruitment 4 posts were to be given to direct recruits as they are having 85% share in the Recruitment and Promotion rules and the next post will go to the second category which is having 0.50 percent share. At this stage the entire cadre's strength is filled up, however the share of third category i.e., 0.25 per cent did not get it's share in the cadre strength. Hence, when the cadre is to be filled up on the next occasion/stage the share of third category shall increase to 0.50 (0.25x2) thus, the post is to be filled up by way of promotion and remaining four post are to be filled up by way of direct recruitment. This happened for the reason that the Limited Departmental Examination category had already exhausted its share, similarly since the second category did not gets its share on previous occasion hence, the said category will be the one through which the post of Lower Division Clerk is to be filled up. It is submitted that the respondents have not maintained a new roster
10. The applicant submits that amongst the total 5 post of Lower Division Clerk, one has already been filled up by way of Direct Recruitment on 09.03.2022 and on one other post which was sought to be filled up by way of Direct Recruitment, the same has been kept vacant due to the pendency of the Court Case. Remaining 3 posts are lying vacant of which one is to be filled up from amongst Group 'C' employees on seniority cum fitness, who 7 have three years regular service in post with the grade pay of Rs.1,800/-, in as much as the 4 Posts of Lower Division Clerk was filled up by way of direct recruitment on 20.06.2014 and 23.06.2014 and one post was filled up through competitive examination on 07.09.2014 meaning thereby that cadre strength was completely filled up and since the category of the applicant having 0.25 share in the cadre did not get its share in the cadre hence, it is 0.25 share on the next occasion that stood increased to 0.50 in view of the submissions made in the preceding paras and since the LDR category exhausted its share hence now one post is to be filled up by way of promotion from amongst Group C Category Employees and the applicant is fully eligible for the said post.
11. He further submits that the respondents issued the Advertisement dated 12.10.2022 (Annexure A-9), whereby applications have been invited to fill up three vacant posts by way of Direct Recruitment.
12. As per the pleadings of the applicant, the cadre strength for direct recruitment and cadre strength for promotion would change from year to year, however the share of each feeder category is to be maintained while making promotion to the next promotional post, as per the Recruitment and Promotion Rules it is evident that only 4 posts shall fell to the share of Direct recruits but the respondents have invited application for filling up three vacant posts, thereby raising the strength of Direct Recruits to 5. By doing so the Respondents have sought to fill the entire cadre strength of the Lower Division Clerk by way of Direct Recruitment. Hence, it was submitted that the respondents shall fill up the said vacant posts through 5% by way of promotion amongst Group C Employees who 8 have completed 3 years of service in Grade Pay of Rs. 1800/- on the basis of seniority-cum-fitness basis.
13. The Applicant have submitted representation to the competent authority, praying that since he was fully eligible for being considered for promotion to the post of Lower Division Clerk as against 5% posts by way of promotion amongst Group C Employees who have completed 3 years of service in Grade Pay of Rs. 1800/- on the basis of seniority-cum-fitness basis and that since the posts of LDC are lying vacant hence he may be considered for promotion, however nothing has been heard so far. It may be pertinent to mention here that the applicant has further prayed that since the Group C employees have been ignored for promotion to the post LDC for more than 20 years, hence looking into the mandate of Recruitment and Promotion Rules he may be considered for promotion to the post of LDC. No reply has been received by the applicant so far.
14. The respondents filed written statement wherein it is submitted that the Institute is maintaining the roster strictly as per the directions issued by the Government of India from time-to-time and no violation of the rules are being done by the respondent Department. At present there are 5 sanctioned posts of Lower Division Clerks in the respondent No. 3 Institute. The roster has been prepared strictly as per the rules according to which, 85% posts are to be filled up by direct recruitment, which means that 4 posts are to be filled by way of direct recruitment and 1 post is to be filled by way of second category i.e., 10% vacancies by way of departmental qualifying examination amongst the group-C staff and 5% of the vacancies shall be filled on seniority cum fitness 9 basis from Group "C" employees, who have 3 years regular service in posts with the grade pay of Rs. 1800/- (now Level 1). Two posts of Lower Division Clerks are filled up on the basis of departmental qualifying examination amongst the group "C" staff, who possess 12th class pass certificate from recognized board and have rendered 3 years regular service in the pay band of Rs. 5200-20200 with grade pay of Rs. 1900 (now Level-las per 7th Central Pay Commission) Annexure R-1 (Colly). In addition to it, one post of Lower Division Clerk was filled by promotion on Seniority cum fitness basis from the group "D" staff whereby Shri Bachitter Singh, the then Chowkidar was promoted to the post of Lower Division Clerk vide Office Order dated 23.11.2002 (Annexure R-2). It is submitted that due weightage has been given to the categories of direct recruitment (85%), vacancies under Limited Departmental Examination (10%), seniority cum fitness basis from group "C" employees (5%) while filling up the posts of Lower Division Clerks in the past and during the present advertisement dated 12.10.2022 (Annexure A-9).
15. It is further submitted in the written statement that the roster was duly revised by the respondent No. 3, Institute as per the revised sanctioned strength (Annexure R-3). The percentage of the posts, which are falling in the category of direct recruitment (85%), Limited Departmental Examination (10%) and Seniority-cum-Fitness; (5%) quota have clearly been mentioned in the roster. It is further clarified that as per the above sanctioned strength, 85% i.e., 4.25 or say 4 posts out of 5 are to be filled up direct recruitment; 10% i.e., 0.50 or say 1 post (rounded off) are to be filled by way Limited Departmental Examination (LDE). It is 10 submitted that in the present scenario no post is falling in the category of Seniority-cum-Fitness (5%) quota.
16. The respondent No. 3 Institute took up the matter with the respondent No. 2 organization (Headquarters) vide letter dated 15.06.2022 (Annexure A-10) vide which special permission was sought for filling 1 vacancy of Lower Division Clerk through Seniority-cum-Fitness (5%) quota by relaxing the rules. The respondent No. 2 organization while taking note of the Annexure A-10, and through the rules in force and informed the respondent No. 3 Institute that keeping in view the present staff strength, no post falls under the category of Seniority-cum-Fitness (5%) quota. The same was conveyed to the respondent No. 3 Institute vide letter dated 21.06.2022 (Annexure R-4). It is further submitted that the respondent No. 3, Institute has filled up 4 posts of Technicians (Group-C, pay scale of Rs. 5200-20200, GP Rs. 2000 now Level 3) through Limited Departmental Examinations. The Applicant also appeared in the above examination along with other 5 eligible employees but could not find place in the merit list.
17. It is submitted that the instructions issued by the Central Government vide Office Memorandum dated 24.06.1978 (Annexure A-5) has been followed by the respondents. The respondent Institute No. 3 has revised and maintained the rosters (for 85%, 10% & 5% respectively) as per the instructions contained in ibid Memorandum. Shri Bachitter Singh (Annexure A-7) has been rightly promoted from group "D" to Lower Division Clerk under 5% quota in the year 2001 i.e., before the restructuring of the staff in the year 2013. After amendment in the R & P Rules in the year 11 2012, the qualifications for similarly situated posts (scale-wise) were changed.
18. It is submitted that as per roster table in para XV of written statement, 1-5 posts were filled in the year 2014, out of which 4 posts were recruited through direct recruitment and 5th post was filled through Limited Departmental Examination (10% Quota) and Sl No.6&7 were filled up. Now the respondents are filling 3 posts which were also to be filled from direct recruitment and the post falling in the category of Seniority-cum-Fitness (5%) is to be filled afterwards.
19. The respondents have admitted that the Applicant is eligible for promotion but his candidature will be considered as and when the post will fall under the category of 5% as per the roster maintained by the Institute. The case of the Applicant was sent to the respondent No. 2 organization i.e., Headquarters for granting special permission for promoting the Applicant under the 5% quota. But as per rules, the proposal submitted by the respondent No. 3 Institute was not considered keeping in view the rule position (Annexure R-10).
20. The applicant filed rejoinder reiterated the contentions raised in O.A and submitting that 4 posts of Lower Division Clerk fall to the share of the Direct Recruitment and 1 post is to be filled up either by way of 2nd category i.e., 10% vacancy by departmental qualifying examination or by 5% through Seniority-cum-fitness basis, meaning thereby that one post of Lower Division Clerk shall rotate amongst the quota assigned to 2nd and 3rd category. It is submitted that, at the time when Shri. Bachitter Singh was promoted to the post of Lower Division Clerk under old 12 Recruitment and Promotion Rules only 0.35 posts fell to the share of the category of the applicant meaning thereby that not even a single post fell to the share of the category of applicant, however clarification was sought from the respondent No.2. The applicant further submits that the post of LDC has been on two occasion filled up through Limited Departmental Competitive examination and as such the said category has been adequately represented in terms of Recruitment and Promotion Rules, thus there leaves no room for the doubt that one post is now to be filled up from amongst Group C Employees. The applicant denied the averment of respondents that no post is falling to the share of Seniority-cum-fitness for the reason that vacancy-based roster is to be maintained when there are different modes of recruitment and the vacancy based roster ensures preparation of roster points based on cyclic rotation of vacancies between different methods of recruitment which in turn is based on the quota prescribed by the recruitment rules between the different methods of recruitment. At this stage it may be respectfully submitted that the entire cadre's strength is filled up, however the share of third category i.e., 0.25 per cent did not get its share in the cadre strength. He submits that the actions of respondents whereby they are not maintaining the combined Roasters is not legally valid.
21. The applicant has pointed out the principle for maintaining vacancy-based roster is as under:
(a) Vacancy-based roster shall be maintained for filling up vacancies in case different methods of recruitment are prescribed in the service rules/recruitment rules.
Vacancy-based roster ensures the preparation of roster points based on the cyclical rotations of vacancies between different methods of recruitment which in turn is based on the quota prescribed by the service rules/recruitment rues between 13 different methods of recruitment. Hence, the process for making a roster is to multiply each vacancy by the prescribed quota of percentages of the methods of recruitment. The roster point shall start with the method of recruitment having the highest quota of a percentage of a post.
(b) The point at which multiple for other methods of recruitment reach a whole number or immediately overstep a whole number will be the first roster point for that particular method next to the highest quota of percentage and so on, depending upon the percentage of quota for that method.
(c) When the multiplies of each of the methods of recruitment attain a whole number simultaneously on the first occasion against a post, the cycle of the roster point for a particular post will be achieved. The roster point define the number of roster points in a roster cycle i.e, No. of vacancies required to complete one cycle of recruitment for each method of recruitment as per the prescribed quota provided in the service rule/ recruitment rules. The whole number corresponding to each method of recruitment in a particular roster point, when one cycle is completed, will be the number of roster point/ vacancies applicable to the respective method of recruitment in the roster cycle. This cycle should always be maintained irrespective of the total number of posts sanctioned for the particular post.(d) The roster for one complete cycle for a post should first be worked out for each post and the predetermined quota for different methods of recruitment once established will remain the same unless and until the quota for each method of recruitment provided in the relevant service rules/ recruitment rules is amended.
(e) When the new quota for different methods of recruitment is prescribed over the course of time the new provision of each quota will be effective from the date of issue of the same in the official gazette over those vacancies against which recommendations/ selection for filing up have already been finalized by the respective recruiting agency but not yet filled in will not be invalidated. The fresh roster cycle will be worked out as per the newly prescribed quota and vacancies will be fit in the new roster. The quota for unforeseen vacancies, is occurred will be fixed as per the existing quota prescribed by the relevant rules on the date of its occurrence.
(f) In case when the service rules/recruitments rules prescribed two method of recruitment of which both the quota are equally divided (Eg.50%/50%). The starting point for this particular post will be, "Promotion" in all cases irrespective of number of total sanctioned post. In case promotion is no longer provided when the existing service rule recruitments rules is repealed or amended the staring point for this particular post will be "limited departmental examination"
(LDE).14
(g) In case when the service rules/recruitment rules provide a separate quota of percentage within one method of recruitment i.e., promotion for a specific post (More than one feeder post)/ Grade, a sub-roster on the basis of the quota or percentage assigned to each feeder post will likewise operate out ofthe main roster point earmarked for that particular method of recruitment.
22. He submits that the respondents have not followed the instructions issued by the Central Government vide office memorandum dated 24.06.1978. The Respondent institution has completely failed to adhere to the instructions as much as in view of the above instructions the roster is to be maintained.
23. We have heard learned counsel for the both the sides and gone through the pleadings and Annexures.
24. From the pleadings the admitted case by the parties are that as per the Recruitment and Promotion Rules, the cadre of LDC is to be recruited as 85% by way of Direct Recruitment, 10% through LDCE and 5% by way of promotion amongst group C employees on the basis of seniority cum fitness basis.
25. From the facts itself, it is clear that one Sh. Bachitter Singh, the then Chowkidar was promoted to the post of LDC vide office order dated 03.01.2002 (Annexure A-7). It is also admitted fact that earlier the strength of the LDC was 7 and later the same was reduced to 5. The respondents has clearly submitted that after the change of the cadre strength (Annexure R-3) the respondent No.3 has revised the roster point. It has been specifically submitted by the respondents that the institute took up the matter with the respondent No.2 Organisation (Headquarter) vide letter dated 15.06.2022 (Annexure A-10) with special permission sought for filling up one vacancy of LDC through seniority-cum-fitness (5%) quota.
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26. The respondent No.2 while taking note of Annexure A-10 has conveyed vide Annexure R-4 dated 21.06.2022 that no post falls under the category of Seniority-cum-Fitness (5%) quota. The contention of the applicant, on the other hand, is that vide Annexure A-9 dated 12.10.2022, the post has been advertised by way of direct recruitment and from the 5% quota, no person has been promoted and the applicant has more than 20 years experience and has not been promoted. The respondents have clearly submitted in their reply that 20 point roster is applicable. In the instant case, there are 5 sanctioned posts in the respondent No.3 institute. As per R & P Rules, 85%, i.e., 4.25 or say 4 posts out of 5 are to be filled up through direct recruitment, 10% or 1 post (rounded off) are to be filled by way of LDCE. So no post is falling in seniority cum fitness (5%) quota. Though the respondents have submitted that in the year 2002 one Sh. Bachitter Singh was promoted to the post of LDCE under the old R & P Rules. As per the cadre restructuring, the cadre strength of LDC is 5. Hence, the respondent No.3 has framed the roster afresh after the change of the cadre strength. The submission of the respondents is that 20 point roaster is applicable and out of 20 posts 17 posts are to be filled up through direct recruitment, 2 posts through LDCE, one post through SCF, in view of the 85%, 10%, 5% respectively. The table containing model roster points is reproduced as under:
"Table-1:
Sl.No. DR (85%) LDCE (10%) Promotion (5%) Roster Point 1 0.85 0.10 0.05 DR 2 1.70 0.20 0.10 DR 16 3 2.55 0.30 0.15 DR 4 3.40 0.40 0.20 DR 5 4.25 0.50 0.25 LDCE 6 5.10 0.60 0.30 DR 7 5.95 0.70 0.35 DR 8 6.80 0.80 0.40 DR 9 7.65 0.90 0.45 DR 10 8.50 1.00 0.50 DR 11 9.35 1.10 0.55 DR 12 10.20 1.20 0.60 SCF 13 11.05 1.30 0.65 DR 14 11.90 1.40 0.70 DR 15 12.75 1.50 0.75 DR 16 13.60 1.60 0.80 DR 17 14.45 1.70 0.85 DR 18 15.30 1.80 0.90 DR 19 16.15 1.90 0.95 DR 20 17.00 2.00 1.00 LDCE If there are 20 sanctioned posts then the quota will be fixed as under:
Table - 2:
Total Posts DR (85%) LDCE (10%) SCF (5%) 20 17 2 1 We have relied upon the principle of rounding off and as per Sl.No.5, the quota of promotion on the basis of Limited Departmental Competitive Examination (LDCE) was calculated as 0.50 which was rounded off to 1."
27. Though the claim of the applicant is that his seniority-cum-fitness should be at Sl.No.10, from the above chart, it is clear that at Sl.No.10 under the DR 85% quota, 8.50 is the roster point, for LDCE 10%, 1.00 and for SCF is 5%, i.e., 0.50 but at Sl.No.10 the 17 respondents has allotted to direct recruitment by round off of the Direct Recruit quota, i.e., 8.50 being rounded off to 9. Whereas under 5% quota promotion 0.5 is allotted 1, but the same has not been allotted to SCF. Possibly due to the reason that the DR quota is 85%. But at Sl.No.11, 9.35 is allotted for DR quota, 1.10 to LDCE and 0.55 is allotted for SCF. Despite having 0.55 point, that should have been rounded off to 1, but the respondents have allotted this 11th point for direct recruitment. However, the respondents have allotted Sl.No.12 to the SCF due to the fact that the point 0.60 is there and DR has 10.20 points and LDC has 1.20 points and the 0.60 is being rounded off to 1, this post has been allotted to SCF.
28. From the table (supra) it is crystal clear that at least at Sl.No.11 should have been allotted to SCF by rounding of 0.55 to 1 and not to the direct recruitment, as rounding off formula was neither applicable to direct recruitment nor to LDCE the same should have been allotted. Such action of the respondents is illegal.
29. This Tribunal has considered the matter and is of the considered view that though the applicant is claiming roster point at Sl.No.10, however, at least, the applicant is entitled for Sl.No.11 for SCF quota instead of Sl.No.12.
30. With the above observations, this O.A is disposed of with the directions to the respondents to consider the applicant at Sl.No.11 in stead of Sl.No.12 as per model roster as indicated above. Respondents are directed to proceed accordingly. No order as to costs.
(ANJALI BHAWRA) (RAMESH SINGH THAKUR)
Member (A) Member (J)
bp