Central Administrative Tribunal - Ernakulam
Sreelal vs ) Sree Chitra Tirunal Institute For ... on 19 January, 2017
Author: P. Gopinath
Bench: P. Gopinath
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
ORIGINAL APPLICATION NO. 180/00515 of 2016
Thursday this the 19th day of January, 2017
CORAM
Hon'ble Mr. Justice N.K.Balakrishnan, Judicial Member
Hon'ble Mrs. P. Gopinath, Administrative Member
Sreelal,.S.
Electrical Attendant (A),Employee Code 2182,
Sree Chitra Tirunal Institute for Medical Sciences
and Technology, BMT Wing, Poojappura,
Thiruvananthapuram-695012
residing at Roadarikathu Veedu,
Chandramangalam, Anad, Nedumangad,
Thiruvananthapuram-695544.
... Applicant
(By Advocates Mr. Vishnu S. Chempazhanthiyil)
Versus
1) Sree Chitra Tirunal Institute for Medical
Sciences & Technology, represented by its
Director, Medical College PO, Thiruvananthapuram.11.
2) The Governing Body of
Sree Chitra Tirunal Institute for Medical
Sciences & Technology, represented by its
Chairman, Medical College PO, Thiruvananthapuram.11.
3) Sajimon B, aged 35 years, S/o Bhaskara Pillai,
Technician Electrical B-SCTIMST
Trivandrum, residing at Padmavilasam,
Bhagavathipuram, Kuthirakulam PO
Vellanad, Thiruvananthapuram-695543.
4) Mahesh P Nair, aged 37 years,
S/o Padmanabhan Nair, Technician Electrical B-SCTIMST
Trivandrum, residing at Seema Bhavan, Thuthiyoor,
Manchavilakam PO, Trivandrum District. 695503.
5) Selastine A.J, aged 50 years
S/o Augustin Y, Technician Electrical A-SCTIMST
Trivandrum, residing at Ayenamcode Thekke Veedu,
Manivilla, Dhanuvachapuram PO
Trivandrum District-695503.
6) Manu M.H, aged 34 years,
S/o Hareendra Nath MR, Technician Electrical
A-SCTIMST, Trivandrum residing at Manu Bhavan,
Melekonam, Parasuvaikkal PO,
Trivandrum District 695508.
(Respondents 3 to 6 impleaded as additional respondents vide order
dated 22.9.2016 in MA No.1007/2016)
... Respondents
(By Advocate Mr. T.R. Ravi for R 1&2
Mr. TCG Swamy for R 3-6)
This application having been finally heard on 10.01.2017, the Tribunal
on 19th January, 2017 delivered the following:
ORDER
Per: Justice N.K. Balakrishnan, Judicial Member The applicant seeks a direction to be issued to the respondents to consider him for promotion to the post of Junior Technical Assistant (Electrical) in terms of Annexure A12 notification. He also seeks a declaration that he is entitled to take part in the selection process to the post of Junior Technical Assistant and to direct the respondents to permit him to take part in the selection process.
2. Shorn off the details the case of the applicant is stated as follows.
The applicant was appointed as Electrical Attendant as per appointment order dated 28.8.2010. His appointment was confirmed as per Annexure A3 dated 20.10.2011. Annexures A1 and A2 are the documents showing his qualifications. There is lack of promotional opportunity. When the respondents invited internal application for the post of Junior Technical Assistant (Electrical-A) the applicant and similarly situated persons who had possessed ITI qualification and diploma applied for consideration pointing out that they were doing the same job as that of a Technician in the year 2014. Annexure A4 is a representation then submitted by him. The respondents invited applications from internal candidates for the post of Technical Assistant and also for the post of Technician (Electrical). The applicant applied for the post stating that he has passed SSLC, Plus 2 and had the qualification of ITI (Wireman) and diploma in Electrical and Electronic Engineering. Annexures A5 and A5(a) are the certificates showing the Technical qualifications. He was informed by Annexure A6 that he is not eligible for selection but he was included in the post of Technician (Electrical). Annexure A12 notification has been issued on 7.6.2016 for filling up the post of Junior Technical Assistant (Electrical). The applicant submitted his application for taking part in the competitive examination. A short list was published including the names of four persons eligible to take part in the selection process, vide Annexure A16. The applicant is not included in the said list. The applicant is entitled to take part in the selection process.
3. The official respondents stiffly resisted the application contending as under:
The applicant was appointed as Electrical Attendant in the Pay Band Rs. 5200-20200 with GP of Rs. 1800/-. He joined on 2.9.2010. The qualification and experience prescribed for the post of Electrical Attendant was 10th standard and one year experience in Minor Electrical Works in a recognized institution. The applicant has passed SSLC, Plus 2 and National Trade Certificate in the trade of Wireman. The respondents Institute invited application on 10.12.2014 for vacancy oriented promotion to the post of Junior Technical Assistant (Electrical-
A) in the pay scale of Rs. 5200-20200 with GP of Rs. 2800/- from Technicians (Electrical) working in the Institute. The selection is to be made from Technician (Electrical) in the Institute having three year diploma in electrical engineering or equivalent. Since the feeder category of Junior Technical Assistant (Electrical) is Technician (Electrical), the application submitted by the applicant was rejected. Applications were invited in May, 2015 from the employees of the Institute who possess the required qualification and experience as per the Recruitment Rules. The applicant has applied for the post of Technical Assistant (Instrument) and Technician (Electrical) but after detailed scrutiny by the competent authority the applicant was excluded from the list as his qualification was in the trade of Wireman as against the prescribed qualification of ITI (Electrician). With regard to the post of Technical Assistant (Instrument) the applicant possesses the required qualification of diploma in electrical and electronic engineering but the experience certificate produced by him was that of Electrical (Attendant) as against the required three years experience certificate for having worked as Technician (Electrical). As the applicant did not possess the required qualification and experience his applications were rejected. On 7.6.2016 the Institute invited applications to the post of Junior Technical Assistant (Electrical) under the Vacancy Oriented Promotion (VOP) from Technicians (Electrical) who possess the qualification and experience. The applicant applied for the post but he does not fulfill the criteria. After scrutiny of the applications the Institute shortlisted 4 eligible candidates for appearing in the selection process. The representation made by the applicant for considering him for the higher post by relaxing the existing recruitment rule was not considered by the competent authority. Hence it was rejected. The Institute has framed Recruitment Rules for 103 categories of non-academic posts. Appointments, promotions etc. are being made as per that Recruitment Rule. When a candidate with higher qualification is working in a lower post, he can apply for higher post if he possesses the required qualification and experience for that post provided the lower post is the feeder category of the higher post. The post of Electrical Attendant is not the feeder post of Junior Technical Assistant (Electrical). The applicant does not possess the required experience. Possessing a higher qualification will not give any right to be considered for promotion to the higher post. Hence the official respondents prayed for dismissal of the OA.
4. The four persons who were selected after due process filed application as MA No.1007 of 2016 for getting themselves impleaded as Additional Respondents since their appointment was got delayed on account of the pendency of this Original Application. They were allowed to be impleaded. The learned counsel appearing for those respondents has also been heard.
5. The point for consideration is whether the applicant is entitled to be promoted to the post of Junior Technical Assistant (Electrical) as claimed by him?
6. We have heard the learned counsel appearing for the parties and have gone through the documents produced.
7. Admittedly the applicant does not satisfy the eligibility condition to allow him to be considered for the post of Junior Technical Assistant (Electrical). The applicant was appointed as Electrical Attendant. The fact that he possesses higher qualification; namely three year diploma which is the educational qualification for appointment of Junior Technical Assistant (Electrical) is not a ground to say that he should be permitted to take part in the selection process or that he should be promoted to that post since the post of Electrical Attendant is not the feeder post of Technician (Electrical). The applicant can apply for the higher post if only he possesses the required qualification and experience. The applicant does not have a case that he satisfies the eligibility condition for getting promoted as Junior Technical Assistant. The applicant contends that the Electrical Attendant is a post having no promotional avenue at all and so Electrical Attendant should be permitted to appear for the selection process for the post of Junior Technical Assistant. The applicant cannot bye-pass the Recruitment Rules. So long as the Recruitment Rule remains the applicant cannot contend that the Rule should be bye-passed or ignored. Persons belonging to the feeder category and who had the required educational qualification and experience; in other words; who have satisfied the eligibility conditions were short listed and four among them were selected for the four vacancies. Since one post was kept vacant because of the pendency of this Original Application only three others were appointed. The fourth post was kept vacant. After this case was heard we modified the order permitting the 4 th person also to be appointed to that post.
8. It is also pointed out by the learned counsel for the official respondents that subsequently the applicant was given promotion. One of the eligibility conditions is that the experience certificate produced by the candidates should be to the effect that the candidate should have worked as Technician (Electrical) and not as Electrical Attendant. Anyway it is not necessary to probe into those aspects since there is no case for the applicant that he had satisfied the eligibility condition for the post of Junior Technical Assistant (Electrical).
9. It was submitted that subsequently applicant was posted as Technician and therefore, after satisfying the eligibility condition he may be able to appear for the post of Junior Technical Assistant (Electrical) when applications are invited in future as and when vacancy arises. The Recruitment Rules provides as to the educational qualification, experience etc. Those eligibility conditions cannot be relaxed nor can the Tribunal intervene in the selection process which is done based on the Recruitment Rules. The Tribunal cannot issue directions to relax the eligibility conditions prescribed under the Recruitment Rules. Therefore, we find no merit in this application. Accordingly this OA is dismissed. No order as to costs.
(Mrs. P. Gopinath) (N. K. Balakrishnan) Administrative Member Judicial Member kspps