Central Administrative Tribunal - Gauhati
Chatra Bahadur Thapa vs Mes on 2 May, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application 043/00358/2017
Date of order: This the 2nd Day of May, 2024
HON'BLE SMT. URMITA DATTA (SEN), JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
Chatra Bahadur Thapa,
Son of Shri Lekh Bahadur Thapa,
MES Quarter No. 178/7
G.E Project Umroi Military Station,
District Ribhoi, P/O Umiam
Shillong 793103.
.......Applicant
-AND-
1. Union of India,
Through the secretary,
Ministry of Defense,
Govt. of India, South Block,
New Delhi-110001.
2. Commander Works Engineer,
(MES) Govt. of India,
Spread Eagle Falls. Shillong- 793001.
3. Smt. Ashmita Debnath,
C/O Commander Works Engineer,
(MES) Govt. of India,
Spread Eagle Falls. Shillong- 793001.
O.A. No/043/00358/2017
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4. Shri Amit Prakash,
C/O Commander Works Engineer,
(MES) Govt. of India, Spread Eagle Falls.
Shillong-793001.
---Respondents
Present:
For applicant(s): Sri M. Chanda
For respondents: Sri R. Hazarika, Addl. CGSC
Sri A. Ahmed
ORDER(ORAL)
PER: URMITA DATTA(SEN), MEMBER(J):
This matter has been taken up today in Circuit Court Sitting at Shillong Meghalaya.
2. This application has been preferred to seek the following relief:
"8.1 That the Hon'ble Tribunal be pleased to set aside and quash the entire selection proceeding initiated on 10.05.2015, by the Commander, Works Engineer for the post of Mate (SSK) as well as be pleased to set aside consequential appointment orders of respondent No. 3 and 4 respectively to the post of Mate (SSK) with a further direction to review the entire select list strictly on merit basis, ignoring the additional qualifying marks.
8.2 That the Hon'ble Tribunal be pleased to issue direction to the respondents to consider O.A. No/043/00358/2017 3 appointment of the applicant to the post of Mate (SSK) strictly on the basis of merit list, ignoring the additional qualifying marks, in the light of prayer No.1 with all consequential benefit including seniority.
8.3 Costs of the application.
8.4 Any other relief(s) to which the applicants are entitled as the Hon'ble Tribunal may deem fit and proper."
3. As per the applicant, he appeared in the written examination pursuant to advertisement for the post of Mate (SSK) for the period of 2012-2013 in the department of Military Engineering service and participated in the said Examination which was held on 10.05.2015. After going through the selection list, he could not find his name as a successful candidate however, Smt. Ashmita Debnath, Respondents no. 3, bearing Admit Card Roll no. 1356 who secured 64.56 marks in the written examination was granted total marks of 72.56 and was declared successful. Similarly, Sri Amit Prakash, Respondents no. 4 who got 64.04 in the written examination but subsequently secured total O.A. No/043/00358/2017 4 marks 72.04 whereas the applicant was granted 64.58 marks.
It has been submitted that under RTI, applicant had got information that those successful private respondents were granted extra marks and, therefore, they were selected. Being aggrieved, he has filed the instant application.
4. The official Respondents have filed their written statement wherein they have stated that extra marks to the extent of 10% was granted to all the candidates, therefore, neither there is discrimination nor even after granting that 10% extra marks, the applicant only 64.58 which is below the cut off marks. Therefore, as per merit, he was not found suitable vis-à-vis vacancy position. Therefore, they have prayed for rejection of the instant application.
It has been further submitted by Sri R. Hazarika, learned Addl. CGSC for the respondents that the O.A. No/043/00358/2017 5 applicant did not get any interim protection during the initial stage and in the meantime seven years have elapsed and all the successful candidates have been appointed, therefore, the O.A has become infructuous.
5. Sri M. Chanda, Learned counsel for the applicant has also admitted that there is no such interim protection and it has been admitted that he was also satisfied that he had also been granted 10% extra marks as granted to other private respondents.
6. Sri A. Ahmed, learned counsel for the private respondents has also supported the contention of the respondents.
7. Heard the parties and perused the records.
8. It is noted that no interim order was granted at the initial stage, further seven years has elapsed and admittedly the respondents have already appointed all the successful candidates, so in our considered opinion, O.A. No/043/00358/2017 6 there is nothing remain to adjudicate as the application has already become infructuous.
9. Accordingly, the O.A stands disposed of as infructuous with no order as to costs.
(DR. SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
SS
O.A. No/043/00358/2017