Central Administrative Tribunal - Ernakulam
Vipin Deep vs The Secretary Department Of Space New ... on 24 September, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00856/2019
Tuesday this the 24th day of September 2024
CO RAM:
HON'BLE Mr.JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER
Vipin Deep,
Aged 31,
S/o.Pradeep Kumar,
Akshaya, Ambalam Nagar,
Vattappara P.O., Thiruvananthapuram - 695 028. ...Applicant
(By Advocate Mr.R.T.Pradeep)
versus
1. Union of India represented by the Secretary,
Department of Space, New Delhi - 110 011.
2. ISRO Centralized Recruitment Board (ICRB),
Indian Space Research Organization,
Antariksh Bhavan, New BEL Road,
Bengaluru - 560 231.
3. The Controller,
Vikram Sarabhai Space Centre,
Indian Space Research Organisation,
Thiruvananthapuram - 695 002.
4. Senior Administrative Officer,
Recruitment and Review Section,
Vikram Sarabhai Space Centre,
Indian Space Research Organisation,
Thiruvananthapuram - 695 002.
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5. Liquid Propulsion Systems Centre
represented by its Director,
Indian Space Research Organisation,
Valiamala P.O., Thiruvananthapuram - 695 547. ...Respondents
(By Advocate Mr.N.Anilkumar, SPC [R1-5])
This application having been heard on 10 th September, 2024 the
Tribunal on 24th September 2024 delivered the following :
ORDER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER The applicant here applied for the post of Light Vehicle Driver and Heavy Vehicle Driver in the Vikram Sarabhai Space Centre, Thiruvananthapuram notified by the 2nd respondent as per advertisement dated 08.08.2017. The total number of vacancies for Heavy Vehicle Drivers in Thiruvananthapuram was 60 of which 29 are set apart for Ex- Servicemen. The applicant was included in the waiting list of selection list of Heavy Vehicle Driver as Rank No.16 and in the waiting list of OBC panel as Rank No.6 in the select list which came into force on 22.02.2019 which is valid upto 21.02.2020. This has been produced at Annexure A-2. The contention herein is that the reservation of Ex-Servicemen is confined to 10% as per the information dated 09.04.2019 furnished under the Right to Information Act. The total number of substantive vacancy of Heavy Vehicle Drivers in the VSSC, -3- Thiruvananthapuram is 125 of which 10% would come only to less than
13. Hence, it is argued that there is no reason to earmark 29 out of 60 vacancies for reservation for Ex-Servicemen when their entitlement is only for 13 out of the total cadre strength declared. The total number of substantive vacancies of Heavy Vehicle Drivers in the VSSC is 125 whereas that of Light Vehicle Drivers is 181. There are total contractual drivers in both the categories numbering 158. Hence about 65 vacancies of Heavy Vehicle Drivers after eschewing the published vacancies of 60 are occupied by contractual drivers to the detriment of selectees in the list. This information is submitted as Annexure A-4. Now additional 4 vacancies of Heavy Vehicle Drivers were advertised for selection as per advertisement dated 15.06.2019. It is submitted that these vacancies could have very well be filled from Annexure A-2 select list as the list is valid upto 21.02.2020. The applicant also challenged the legality and propriety of notification of 4 additional vacancies by advertisement dated 15.06.2019. This has been produced at Annexure A-5. It is also stated that of 4 additional vacancies 1 vacancy is set apart for Ex-Servicemen when they are entitled only for 10% of vacancies. The applicant has challenged Annexure A-1 to the extent of earmarking of 29 vacancies for Ex-Servicemen, non filling of vacancies occupied by contract drivers -4- from Annexure A-2 select list and advertising of 4 additional vacancies of Heavy Vehicle Drivers in Annexure A-5 advertisement when Annexure A-2 select list is still in force.
2. The relief sought for in the O.A are as under :
1. To quash Annexure A-1 advertisement to the extent of setting apart 29 vacancies for Ex-Servicemen and to direct the respondents to fill up those 29 vacancies with candidates other than Ex-Servicemen within such time fixed by this Hon'ble Tribunal.
2. To direct the respondents to fill up the vacancies occupied by contractual drivers from Annexure A-2 select list within such time fixed by this Hon'ble Tribunal.
3. To quash Annexure A-5 to the extent of advertising 4 vacancies of Heavy Vehicle Drivers in the VSSC, Thiruvananthapuram and to direct the respondents to fill up those 4 vacancies from Annexure A-2 select list within such time fixed by this Hon'ble Tribunal.
4. To pass such other order or direction as may be deemed just, fit and necessary in the facts and circumstances of the case.
3. It was clarified by the respondents in the reply statement that ISRO under the Department of Space, is a Government of India establishment for promoting the development and application of Space Science and Technology for the socio-economic benefits of the country and ISRO has -5- many centres across the country and VSSC and Liquid Propulsion Systems Centre are the independent centres of ISRO located at Thiruvananthapuram. Being a scientific and technical organisation, the core group of the personnel of the Centre consists of mainly scientific and technical personnel to carry out the activities related to launch vehicle programmes and the related research and development activities. In order to support the scientific and technical personnel for carrying out the activities, administrative personnel including Drivers are recruited. Each Centre of ISRO has its own facilities to carry out the recruitment process to meet its manpower requirements. ISRO is empowered to frame its own policies and procedures to be adopted in all matters related to the personnel under the control of the department including the norms for their recruitment and promotion. ISRO Centralized Recruitment Board (ICRB), Bangalore is responsible for carrying out recruitment for selection to various posts including Light Vehicle Drivers/Heavy Vehicle Drivers for all centres of ISRO situated across the country. The ICRB vide Annexure A-1 Advertisement dated 08.08.2017 invited online applications for 50 vacancies of Light Vehicle Driver-A, 76 vacancies of Heavy Vehicle Driver-A and 2 vacancies of Staff Car Driver-A for selection on zone wise and posting to various Department of -6- Space/Indian Space Research Organisation centres/units across the country. For Thiruvananthapuram Zone there were 19 vacancies of Light Vehicle Driver-A and 60 vacancies of Heavy Vehicle Driver-A. The vacancies meant for Vikram Sarabhai Space Centre, Liquid Propulsion Systems Centre and Indian Institute of Space Science & Technology located at Thiruvananthapuram and ISRO Propulsion Complex, Mahendragiri, Tamilnadu were included in Thiruvananthapuram Zone. The recruitment process was already completed and the selected candidates have already joined. There is a decentralized recruitment process for Drivers for the post of Light Vehicle Driver-A and Heavy Vehicle Driver-A in the interest of administrative efficiency. Consequently it is the responsibility of the concerned centres of ISRO to conduct recruitment process for these posts. Subsequent to the notification of vacancies by Annexure A-1 advertisement, 4 vacancies of Heavy Vehicle Driver-A occurred at LPSC. Therefore, LPSC, Valiamala, Thiruvananthapuram has notified 4 vacancies of Heavy Vehicle Driver-A vide Annexure A-4 notification dated 15.06.2019. The applicant claiming filling of the subsequently arisen vacancy from the existing wait listed panel has no merit as the subsequent vacancies arising after the notification of the existing vacancies cannot be filled up from the wait -7- listed panel based on the extant rules/procedures. It is further submitted that as per Hon'ble Supreme Court Orders and Government Instructions, wait listed panel should not be operated for filling up of additional vacancies which have occurred over and above the notified vacancies as it will deprive the chance of candidates who acquire qualification after the date of notification. It is also submitted that the Hon'ble Supreme Court while deciding the Special Leave Petition No.28488 and 29248 of 2008 vide judgment dated 01.02.2010 has observed that it is a settled legal proposition that vacancies cannot be filled up over and above the number of vacancies advertised as the recruitment of the candidates in excess of the notified vacancies is a denial and deprivation of the constitutional right under Article 14 read with Article 16(1) of the Constitution of those persons who acquired eligibility for the post in question in accordance with the statutory rules subsequent to the date of notification of vacancies. Such exercise is neither permissible nor desirable as it amounts to improper exercise of power and only in a rare and exceptional circumstance and in emergent situation, such a rule can be deviated and such a deviation is permissible only after adopting policy decision based on some rational, otherwise the exercise would be arbitrary.
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4. It is also argued that the reservation for Ex-Servicemen is 10% of total vacancies filled in Group C posts in an establishment. Appointments in Group C consists of various technical and administrative posts. HVD-A is one of the posts in Group C category. As there is a shortage of Ex-Servicemen personnel for filling up of vacancies in technical as well as in clerical area, in order to meet the mandatory 10% reservation quota for Ex-Servicemen, the shortfall from any posts in Group C is being met from other posts within the same Group. 10% reservation to be provided to Ex-Servicemen cannot be equally distributed among all posts in Group C category. Therefore, the allegation that excessive number of vacancies are set apart for Ex- Servicemen is with the motive to favour the contract employees is not tenable and true to facts. As these contract workers are employed to meet the temporary increase in the workload due to the new projects/programmes of national importance carried out by the Centre through service providers which is outsourced. These contract drivers are engaged by the service providers against the purchase/work orders placed with them and such engagement is not against any sanctioned vacancies of the Centre but are engaged for assisting in auxiliary work of certain time bound projects and programmes of ISRO.
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5. We will address very briefly the two questions which arise for consideration; the first one is as regards reservation of posts for Ex- Servicemen in a particular category of Group C posts rather than spread it within the Group C cadre posts and the second is regarding the operation of the waiting list for the additional posts. The second issue is more simple and therefore it is addressed first. As already cited it is very categorically stated that operating the filling up of posts beyond notified vacancies is not permissible or legal and has been held to be so by the Hon'ble Supreme Court by the orders cited in the paragraphs above. Therefore, this is not a feasible proposition. In so far as the question of how the vacancy is to be calculated for filling up of post for reservation, the argument is that the rules regarding reservation mandates reservation of 3% of the posts in the cadre towards reservation for Ex-Servicemen. Nowhere it is specified that 3% reservation will operate against each category of posts in that cadre which is essentially what the applicant is arguing. The explanation given by the ISRO for the bunching of the posts for reservation in the manner on which it is done taking into account the availability of suitable Ex-servicemen candidates in various disciplines who fulfill the prescribed educational qualification for the posts which is reasonable as it has been held that in a specialized -10- scientific agency, it is not an expectation that there would be sufficient Ex-Servicemen candidates to meet the basic educational qualification prescribed for the posts of technical and scientific nature and the Group C reservations in various categories are computed annually and 10% of the vacancies are reserved for the Ex-Servicemen category. Therefore, the vacancies are determined in those cadres where there will be sufficient Ex-Servicemen candidates to meet the basic educational qualification prescribed for the posts who will be available and hence more vacancies are earmarked in those posts. It is also a fact that the applicant has filed this O.A after having participated in the selection process without having challenged the selection process itself and has only now challenged it when the results are declared and he finds himself unsuccessful, which is not permissible.
6. In the light of the above, the O.A is dismissed. There shall be no order as to costs.
(Dated this the 24th day of September, 2024)
V.RAMA MATHEW JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A.No.180/00856/2019
1. Annexure A-1 - A copy of the Advertisement dated 08.08.2017 by 2nd respondent.
2. Annexure A-2 - A copy of the Select List of Light Vehicle Drivers and Heavy Vehicle Drivers in Vikram Sarabhai Space Centre, Thiruvananthapuram which has been brought into force on 22.02.2019.
3. Annexure A-3 - A copy of the information dated 29.04.2019 furnished under Right to Information Act from Vikram Sarabhai Space Centre, Thiruvananthapuram.
4. Annexure A-4 - A copy of the information dated 28.06.2019 furnished under the Right to Information Act by Vikram Sarabhai Space Centre.
5. Annexure A-5 - A copy of the Advertisement dated 15.06.2019 as regard 4 vacancies of Heavy Vehicle Drivers by Liquid Propulsion System Centre, Indian Space Research Organization, Thiruvananthapuram.
6. Annexure R-1(a) - A copy of the O.M.No.E-14013/6/2008-Sec.IV dated 31.10.2018.
7. Annexure R-1(b) - A copy of the O.M.No.HQ:ADMN:A.20(2):2013 dated 04.04.2013.
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