Central Administrative Tribunal - Gauhati
Md Kuddus vs M/O Defence on 14 August, 2018
or Officer Commanding CENTRAL ADMINISTRATIVE TRIBUNAL, GUWAHATI BENCH : Original Application No. 36 of 2015 Date of Order: This the 14th Day of August, 2018 HON'BLR MRS MANJULA DAS, JUDICIAL MEMBER HON'BLE MR.N.NEIHSIAL, ADMINISRATIVE MEMBER Md. Kuddus Son of Md. Nasrul Resident of Oughuly Basti Near Greenland English Schoo! House No ~ 34 Post Office -- udyanVihar District -- Kamrup (Metra) Pin = 781171. Assarn.
: Applicant By Advocate MrA, Ahmed
-And-
1, The Union of India represented _by the Secretary fo the Government of India, Ministry of Defence, 101 South Block, New Delhi- 110001.
2. The commandant | 14 eld Ammunition Depot Pin - 909714 C/O 99 APO AOC Records Pin - 900453 C/O - 56 APO.
. By Advocate Ms.M.Bhattachatlee, AGULC.GS.C. QORDER(ORAL Per Mrs.Manijula Das, Member J):
The applicant has filed this O.A. under Section 19 of the CAT, (Procedure) Act, 1987 seeking the following reliefs:
8.1) To direct the respondent to consider the candidature of the applicant to the post of Fireman as per the existing policy and guideline enumerated under "The persans with disabilities {equal Opporiunifies, protection of rights and full participation) Act. 1995, 8.2) To direct the respondents fo consider ihe appointment of the applicant to the post of Freman (under Physically Handicaeped Quota}." 7 8.3} To pass any other appropriate reliefs) fo which ihe applicant may be entitled aind as may be deem fit and proper by the Hon'ble tribunal."
2. Heard MrA.Ahmed. learned counsel for the applicant, perused fhe pleadings and materials placed before us, % = & 3 3 * & The applicant is a hearing handicapped person with 63% decibels in his Right Ear & 63% decibels in his Left Ear. His name has been registered under the Ministry of Labour & Employment (DGE&q), Vocational Rehabilitation Centre (VRC) for handicapped, Government of India, under Registration No.1657 $ (Ame) dated 24.08.2012.
4, 4 Learned counsel for the aooicant submitted that applicant Nas passed Secondary School Examination under the Nationa! Institution OF Open Schooling, New Delhi in the year 2004,
5. Learned counsel submitted that the 'Commandant, 14 FAD PIN-909714 C/O 99 APO. vide oe Recruitment Notice published in Employment News has invited application fram eligible candidates to fill up the Group ©' post of Fireman and Mazdoor in 14 FAD. In the said advertisement fofal numbers of vacancies to the post of Fireman ang Mazdoor are 05(Five) and 21 {fwenty five} respectively. One post oF each Fireman and Mazdoor is reserved for physically handicapped {PH} person who are Willdldlllldlldlldli, A having hearing impairment loss of 60% (sixty) cecibels and Physically Handicapped persons are given opportunity in employment by the Government of india without discriminating them by caste, creed and religious, é, However, the Respondent No.2? in a most illegal, malafide and arbitrary manner has verbally cancelled the eandidaiurs of the applicant which jis. in total violotioan of fhe provisions enumerated in "The person with discibilities (Equal, opportunities. protections of rights and full participation) Act 1¢95, /, As per the aforesaid Act "The persons with disabilities (equal, opportunities, profection of rights and full participation) Act 1995, the applicant come under the Section {i} of the said Act an entitted for relaxation under the said Ac},
8. learned counsel further submitted that as per advertisement to the post of Fireman {uncer physically Handicapped Quota) in 14 FAD C/O99 APO, applicant has submitted his application for the post of Flreman {under "physically Handicapped Quota) before the office of the respondent No.2 .However, the office of the respondent No.2 has issued the Admit card to the applicant to the post of Mazdoor by directing him to appear for test on 4.01.2018. Thereater, the . Presiding Officer of the recruitment cell vide letter No.1423/Secy/C/Adm dated 04.01 2013 nas informed the applicant that his canal dature has coon a changed to hreman and requested him report for Test on 17,01,2010 at 0800 hrs instead of 14.01.2013.
9. Learned counsel further submitted that the applicant being only candidate fo the post of Fireman under Physically Handicapped Quota, he is entitled to get certain cancession af Gavernment of india instruction contained n Chapter 2? of Swamy's complete Manual on-
Establishment ano Administration for Central Governmen} offices, Tnineenth Edifion 2012 says as here under:
"WY sufficient number of persons 'with disabilities are not available on the basis of the general standard to fill all the vacancies reserved for -- them, candidates belonging to this category an may be selected on relaxed standard fo fil up the remaining vacancies reserved for them , provided they are not found unfit for such post of posts. Thus fo the extent the number of vacancies reserved for persons: with disabilities cannot be filed up on the basis of general standards candidates belonging fo this category may be taken by relaxing the Standards fo make up the deficiency in The reserved quota subject jo the fitness of these candidates for appointment fo the post/posts in question."
10. | Learned counsel further submitted that the applicant has dppeared before. the Recrullment Board under Physical Handicapped auieto for selection to the post of Fireman on 14.01.2013. The Recruitment Board ha directed him to run along with the general candidates. The applicant has appeared in the Physical Test for the post of Fireman along with General candidates. The applicant has been declared failed in the running Test by the Recruitment Board and debarred him from aopearing in the written Test tothe post of Fireman, That being aggreved, the applicant has approached this Tilounal by O.A.No.35 of 2013. for --
ee | seeking justice into the matter. This Tibunal vide order on 02.12.2013 in O.A.No,.35 of 2013 directed the respondent authority fo give another chance to the applicant as he js the only candidate within a period of six weeks of the date of the order. Applicant was giso directed to approach the appropriate authority and fo appear before the running test | cas and when the authority fixed the suitable date.
V1. | - Learmed counsel further submitted that in compliance of the order dated 02.12.2013 passed in O.ANo.35 of 2013, the applicant has gone to the office of the commandant, 14. Field Ammunition Depot Le Respondent No.2 tO appear in the test, however, the Security of the entrance gate of the 14 Field Ammunition | Depo! did not allow him to enter into the office premises, Thereafter, under compelling circumstances, he has sent the copy of the order dated 02.12.2013 passed in O.A.NO.35 of 2013 to the Respondent No.2 through Soeed Post. (Registration No.ES625649504 in Noonmati SO) on 10.12.2013 and same was received by the Responden} No.2 on 12.12.2013 as per the Track Result for ES625649501 IN,
12. Learned counsel further submitted that after expiry of the stipulated time Le 6lsix} weeks fixed by this Hon'ble Tribunal to implement the order dated 02.12.2013, applicant has approached this Tribunal by Execution Pelion No.00005 of 201 4, This Tribunal on 25.06.2014 allowed four months time fo Implement the order dated 02.12.2013 in O.A.No.35 of 2013.
13. Learned counsel further submitted that the office of the Respondent No.2 vide lefier Nol7Ol/2/Est dated 27,09. 2014 with the heacline "employment of Firemen ee cofegory (Physical Handicapped} name Md Kuddus Roll No.24"has directed the applicant to report fo 14 FAD by 0600 hrs on 27.10.2014 for recruiiment fo the post of Mazdoer though he has to appear for the interview to the post of Fireman.
14. 'Learned counsel further submitted that the Respondent No.3 vide letter No.29861 /FS/RR/CA-6 cated 05.12.2006 circulated the notification dated 05.07.2006 pertaining to the Recruliment Rules fo the post of Are staff in the Army ordinance Corps. in the category of Fireman the requisite Educational Qualification is Matriculation, musi be physically fifi and capable of performing sirenuous duties and must have passed the test:
i} Height without shoes-165 cms provided that a concession 2.5. cms height shall be allowed for member of Schedule Tribe.
fi} Chest tun-expanded-81.5 cms i} Chest fon-expansation)-8.5 cms li} Weight-50Kgs (Mnmum) V). Endurance test-
{aa} Carrying a man(Fireman). Lift of 63.5 Kgs fo a distance of 183 meters within 96
-- seconds.
{ob} Clearing 2.7 meters wide ditch ~ landing on both feet (longjump} {ec} Climbing 3 meters vertical rope using © hands and feet.
15. Learned counsel further submitted that ine compliance to direction of the Respondent No.2, the applicant has reported to 14 FAD by 0600 hrs 27.10.2014 for interview. However, Hil 2 o.m. he was not called for any Physical test. Thereafter, at about 2 P.M. the authariy has conducted following physical fest on the applicant and passed the entire following fest.
1} Running fest about | anc % Kilometer
2) Long jump |
3) Carrying a man at least 63.5 Kgs to a distance of run 183 meter within 946 seconds.
4) Climbing 3 meter vertical rope using hands and feet.
The next day i.e on 28.10.2014 he was again called by the respondent No.2 to appear In the written test at 9 AM. Accordingly, he has reported before the Respondent No.2 for written test at A.M. on 28.10.2014, But the applicant was not allowed to appear in the written fest at about 3 P.M. The respondent No.2 has informed him that there is fo order from the Hon'ble CAT, Guwahati Bench to conduct the written fest. The Respondent No.2 has verbally cancelled his candidature to the past of Fireman in 14 FAD.
16, Learned counsel referred to SI.No.22 Relaxation: of standard of suitability of Chapter 29+ persons with Disabilities of ihe Swamy''s-Establishment and Administration wherein it is prescribed as under:-.
"If sufficient number of persons with disabilities are not available on the basis of the general standard to fil all the vacancies reserved for them, candidates belonging fo this category may be selected on relaxed standard fo fill up the remaining vacancies reserved for them, provided they are not fond unfit for such post or posits. Thus, to the exfent the number of vacancies reserved for persons with disabilities cannot be filed on the basis of general standards, candidates belonging to this category may be taken by relaxing the standards to make up the deficiency in the reserved quota subject to the filmess of these candidates for appointment fo the post/posts in question."
| 17. Learned counsel prays that the applicant's candidature may be considered in the light of the above instruction.
18. The respondents have filed their written statement. In the wrilten statement it was submitted that in the Recruitment notice the applicant for the post of fireman will have fo pass running test of 1.5 kllometers in 6 minutes. Only those candidate, selected on the basis of this of this test, will 12 be eligible for the further Recruitment process and various tests thereafter. No relaxation for physically handicapped candidates {Hearing handicap only} was provided as the individual. The individuaifailed in ruaning/ohysical test which was conducted on 27 Oct 2014. The procedure was laid down in Recruifment notice published in the employment news paper on 8 Sep 2012.
19. Having heard the learned counsel for both the parties, perusing the pleadings and materials placed before us, the question comes fo our mind as jo whether applicant being hearing impaired person is entitled to gel the benefit as stated af SI.No.22 of Chapter 29 of the swamy's -Establishment and Administration. As perusal of the same will clearly show that candidates belonging to this category may be considered by relaxing the standard.
20, learned counsel for the respondent did not dispute the contention mace by the learned counsel for the.
applicant and fairy submitted that the applicant's case deserves consideration for appointment as Fireman by relaxing ihe above mentioned Rule,
21. - Accordingly, we direct ihe respondents jo consicier the case of the applicant for aopointment to the post of Fireman within o period of 3 months from the date of receipt of inis order as physically handicapped person by relaxing ine standard of Chapter 29 of the Sswamy''s Establishment and Administration as quoted above.
22. : With the above directions, the O.A. Is disposed of, No order as to costs.
Sdf-
Manjula Oas Hon'ble Member (4) Sa/-
.. Mr JN. Nethsial . Hon'ble Member (4)