Central Administrative Tribunal - Chandigarh
Amit Kumar vs Union Of India Through The Secretary To ... on 21 September, 2015
CENTRAL ADMINISTRATIVE TRIBUNAL,
CHANDIGARH BENCH,
CHANDIGARH.
O.A.No.060/00206/2015 Decided on : 21.09.2015
CORAM: HONBLE MRS. RAJWANT SANDHU, ADMINISTRATIVE MEMBER
HONBLE DR. BRAHM A. AGRAWAL, JUDICIAL MEMBER
Amit Kumar, s/o Sh. Udayvir Singh, r/o VPO Mayar, Tehsil & District Hisar, Haryana.
Applicant
Versus
1. Union of India through the Secretary to Govt. of India, Ministry of Telecommunication, Department of Posts, New Delhi.
2. Chief Post Master General, Haryana Circle, Ambala Cantt.
3. Superintendent of Post Offices, Hisar Division, Hisar.
. Respondents
Present: Mr. Dharinder Shukla, proxy for Mr. R.P. Singh, counsel for the
applicant
Mr. Arvind Moudgil, counsel for the respondents
O R D E R
HONBLE MRS. RAJWANT SANDHU, MEMBER (A)
1. The present OA has been filed under Section 19 of the Administrative Tribunals Act, 1985, impugning the order dated 28.01.2015 (Annexure A-1), whereby the candidature of the applicant has been cancelled / terminated for the post of Postal Assistant and his name has been struck-off from the list of selected / approved candidates on the ground that the applicant has given false declaration regarding possessing OBC Certificate for claiming relaxation on the last date of submission of the application form i.e. 27.03.2014. The applicant is also aggrieved against the action of the respondents whereby his reply dated 05.12.2014 to the show cause notice has not been considered whereby he has submitted that he belongs to JAT caste in the State of Haryana which has been notified as OBC by the Govt. of India vide notification dated 04.03.2014 and the Chief Secretary, Haryana vide his letter dated 21.03.2014 has forwarded the said notification to all the concerned officials to issue the OBC Certificates. Also, the respondents have failed to consider that the applicant was having no occasion to get the OBC Certificate till 27.03.2014. Therefore, he applied for the post of Postal Assistant with the respondents on 21.03.2014. He submitted that he belongs to OBC category and a certificate qua that has been obtained on 07.05.2014 and has been submitted to the respondents at the time of completing the appointment formalities.
2. Written statement has been filed on behalf of the respondents.
3. When the matter came up for consideration today, ,learned counsel for the respondents stated that the claim in the present OA was not maintainable as JATs were not included in the OBC category as per recent directions of the Apex Court and the jurisdictional High Court.
4. Learned counsel for the applicant does not controvert this submission made by the learned counsel for the respondents.
5. Since the claim in the present OA is based on the premise that the applicant is a JAT and is hence to be considered as OBC, the OA is dismissed as it has been held in recent court judgments that JATsare not to be treated as OBCs.
6. No costs.
(RAJWANT SANDHU) ADMINISTRATIVE MEMBER (DR. BRAHM A. AGRAWAL) JUDICIAL MEMBER Place: Chandigarh Dated: 21.09.2015 sv:
3(OA.No.060/00206/2015)