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Central Administrative Tribunal - Ernakulam

Arun P Vasudevan vs The Secretary Ministry Of Defence New ... on 9 February, 2021

                                          1

                 CENTRAL ADMINISTRATIVE TRIBUNAL
                       ERNAKULAM BENCH

                    Original Application No.180/00217/2019

                   Tuesday, this the 9th day of February, 2021

CO RAM :

HON'BLE Mr.P.MADHAVAN, JUDICIAL MEMBER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER



1.   Arun.P.Vasudevan, aged 31 years
     S/o.Vasudevan P.N
     Residing at Punchadath House
     Mulayam P.O
     Valakkavu, Mannur
     Thrissur - 680 751

2.   Vidyamol T.H, Aged 30 years
     W/o.Arun Kumar
     Residing at Thaiparambil House
     Thumping P.O
     Alappuzha - 688 008

3.   Rashma Theres K.Joy, aged 27 years
     W/o.Rony
     Residing at Moonjely House
     Puthenpally, Varapuzha P.O
     Ernakulam - 683 517

4.   Anisha M, aged 29 years
     W/o.Jyothis.M
     Residing at Meledath House
     Edakkad P.O
     Kadambur, Kannur - 670 663

5.   Abdulla Anshad.S, aged 31 years
     S/o.Shamsudhin .M
                                        2

     Residing at Darul Aman
     Nettur P.O, Maradu
     Ernakulam - 682 040

6.   Appu.M.S, aged 27 years
     S/o.Sivan M.K
     Residing at Muringathara House
     Marappalam West
     Azhicode P.O
     Thrissur District, Pin. 680 666

7.   Anju Santhosh, aged 32 years
     D/o.Late C.R.Santhosh
     Residing at Chiraparambil House
     House No.11/107C
     South Thamaraparambu
     Fort Kochi - 682 001

8.   Rohna Bastin, Aged 26 years
     W/o.Silvanos.V.Antony
     Residing at 15/322D, Veliyath House
     Moolamkuzhi, Mundamveli P.O
     Kochi - 682 507

9.   Jithin K.T, aged 30 years
     S/o.Thankappan K.K
     Residing at Kuruppathparambil
     M.G.Nagar Plot No.551
     P.O, Punkunnam
     Thrissur - 680 002

10. Rijun K.V, aged 24 years
    S/o.Divakaran K.V
    Residing at Kunnummalthazham
    Vengeri P.O
    Kozhikode - 673 010

11. Syamlal A.B, aged 26 years
    S/o.Bhaskaran M
    Residing at Syam Nivas
    CNRA - 130 A
                                          3

     Chathiyode Lane
     Nalanchira, Muttada P.O
     Thiruvananthapuram-695 025

12. Aswathy Mohandas, aged 30 years
    D/o.Mohandas
    Residing at 9/201, Krishna Kripa
    Kusumagiri P.O
    Kakkanad, Kochi - 682 030                          .....     Applicants

(By Advocate Mr.Elvin Peter P.J)

                                     Versus

1.    Union of India
      represented by its Secretary
      Ministry of Defence
      New Delhi - 110 001

2.    The Secretary
      Ministry of Personnel, Public Grievances & Pensions
      Department of Personnel & Training
      North Block, New Delhi- 110 001

3.    The Chief of Naval Staff
      Ministry of Defence
      Sena Bhawan
      New Delhi - 110 011

4.    The Flag Officer Commanding-in-Chief
      Civilian Recruitment Cell
      Southern Naval Command
      Naval Base, Kochi - 682 004                     .....    Respondents

(By Advocate - Mr.C.Rajendran)

      This application having been heard on 9.2.2021, this Tribunal on the same day
delivered the following :
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                                O R D E R (ORAL)

HON'BLE Mr.P.MADHAVAN, JUDICIAL MEMBER The applicants herein are candidates who submitted their applications and appeared in the written examination for appointment to the post of Senior Draughtsman notified by the respondents as per Annexure A-1 notification. Though the written examination was conducted in August, 2017, no rank list was published by the respondents till date. Hence they approached this Tribunal praying for the following reliefs:

"(i) Issue a direction to the respondents 1 to 4 to complete the selection process initiated pursuant to Annexure A-1 notification and publish a rank list and fill up the post of Senior Draughtsman in accordance with the rank of the candidates in the rank list;
(ii) to declare that the action of respondents 1 to 4 in not completing the selection process pursuant to Annexure A-1 and filling up the post of Senior Draughtsman is unconstitutional and violative of Article 14 and 16 of the Constitution of India;
(iii) Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case. "

2. When the matter came up for consideration today, learned counsel for the respondents submits that they have filed a reply statement stating that they are ready to complete the selection process within a time frame. Counsel for the applicants 5 submits that there is no hindrance, at present, for completion of selection process and he seeks a direction from this Tribunal for completion of the selection process within a time frame.

3. In view of the limited submission, the Original Application is disposed of by directing the respondents to complete the selection process and publish the results within a period of three months from the date of receipt of a copy of this order.

4. The Original Application is disposed of as above. No costs.

      (K.V.EAPEN)                                        (P.MADHAVAN)
ADMINISTRATIVE MEMBER                                  JUDICIAL MEMBER

sv
                                         6

                                List of Annexures

Annexure A1       -      True copy of notification issued by the 4th respondent for

appointment to the post of Draughtsman Grade II. Annexure A2 - True copy of the admit card issued by the respondents to the th 5 applicant Annexure A3 - True copy of the admit card issued by the respondents to the th 7 applicant Annexure A4 - True copy of the admit card issued by the respondents to the th 8 applicant Annexure A5 - True copy of the order dated 5.4.2010 issued by the 1 st respondent Annexure A6 - True copy of the reply dated 19.2.2019 issued by the Public Information Officer in the office of the 4th respondent to the 9th applicant Annexure A7 - True copy of the order dated 10.2.2015 issued by the 2nd respondent Annexure A8 - True copy of the order dated 6.4.2015 issued by the 1 st respondent Annexure A8(a) - True copy of the oder dated 16.11.2015 issued by the 2 nd respondent Annexure A9 - True copy of the reply statement filed by the respondents in O.;A No.3042/2016 before the CAT, Principal Bench, New Delhi Annexure A10 - True copy of the Order dated 18.12.2018 in O.A No.3042/2016 of the CAT, Principal Bench, New Delhi Annexure A11 - True copy of the notification issued by the 2 nd respondent for fillin up the post of Senior Draughtsman in the Naval Armament Inspectorate Annexure A12 - True copy of the select list published by the 2nd respondent 7 for filling up the post of Senior Draughtsman in the Naval Armament Inspectorate Annexure A13 - True copy of the Notification issued for fillin up the post of Senior Draughtsman in the Ministry of Water Resources Department.

Annexure A14 - True copy of the judgment of the Hon'ble High Court in OP(CAT) No.132/2019 dated 9.10.2020 Annexure A15 - True copy of the order in RA No.31/2019 in O.A No.3042/2016 dated 4.2.2020 of the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi Annexure A16 - True copy of the order dated 4.2.2020 in O.A No.3042/2016 of the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi.

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