Central Administrative Tribunal - Delhi
R/O Village & Post Jahari vs Union Of India Through on 8 September, 2014
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH O.A. No. 3136/2014 New Delhi this the 8th September, 2014 HONBLE MR. G. GEORGE PARACKEN, MEMBER (J) HONBLE MR. SHEKHAR AGARWAL, MEMBER (A) Sumit aged 22 years S/o Shri Rajpal Candidate of Group D in Northern Railway, Roll No.131001 R/o Village & Post Jahari, Tehsil & District Sonepat (Haryana). Applicant By Advocate: Shri P.S. Khare. Versus 1. Union of India through The General Manager, Northern Railway, Baroda House, New Delhi-110001. 2. The Dy. Chief Personnel Officer, Secretary, Railway Recruitment Cell, Northern Railway, Lajpat Nagar, New Delhi-110024. Respondents ORDER(ORAL)
G. Geroge Paracken, Member(J) Applicant in this Original Application is seeking a direction to the Respondents to allow him to participate in the Physical Efficiency Test (PET for short) for the post of MTS which he missed due to accident he suffered.
2. According to the Applicant, he applied for the post of MTS advertised by the Northern Railway vide Employment Notice No.220-E/Open Mkt/RRC/2012. The Respondents have allotted him Roll No.20041695 and directed him to appear for the PET on 24.03.2014 at Railway Stadium near DRMs Office, Ambala Cantt., Haryana. However, according to him, on 3.3.2014 he met with an accident of bursting of gas cylinder in his village Jahari (Sonepat), in which he got 25% burn. He has also stated that four other persons expired due to aforesaid incident. He was, therefore, admitted in the Safdarjung Hospital, New Delhi and he remained under treatment there from 03.03.2014 to 12.03.2014. After he was discharged from the hospital, he was given treatment locally at Sonepat from 13.03.2014 to 30.03.2014 in a private hospital. In view of the above position, he could not attend the PET held on 24.03.2014. He has, therefore, filed this OA seeking a direction to the Respondents to allow him to appear in the PET again on any date to be fixed by the Respondents.
3. We have heard Shri P.S. Khare learned counsel for the Applicant. Admittedly, the method for recruitment to the post of MTS is by holding a PET and only those who have passed the said test were considered for appointment. Applicant could not appear due to the accident suffered by him. In our considered view, once the recruitment process has been completed after holding the requisite examination, the said examination cannot be held again for an individual for the reason that he could not appear in the examination for whatever reasons. As the adage goes, time and tide wont wait for none. We, in the above facts and circumstances of the case, do not find any merit in this OA and accordingly it is dismissed at the admission stage itself.
4. There shall be no order as to costs.
(SHEKHAR AGARWAL) (G. GEORGE PARACKEN) MEMBER (A) MEMBER (J) Rakesh