Central Administrative Tribunal - Jaipur
K.K.Sharma vs The Union Of India on 7 April, 2011
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, JAIPUR BENCH Jaipur, this the 7th day of April, 2011 Original Application No.39/2009 CORAM: HONBLE MR. JUSTICE K.S.RATHORE, MEMBER (JUDL.) HONBLE MR. ANIL KUMAR, MEMBER (ADMV.) K.K.Sharma s/o Shri Bangali Babu Sharma, working as Signal Maintainer under Senior Section Engineer Signal, North Kota, West Central Railway, r/o 59, Jawahar Nagar, Mangal Pandey Marg, Kota. .. Applicant (By Advocate: Shri Nand Kishore) Versus 1. The Union of India through General Manager, West Central Railway, Jabalpur. 2. Divisional Railway Manager, West Central Railway, Kota. 3. Shri Laxman Singh s/o Shri Sohan Lal, Signal Maintainer Grade-II in Scale Rs. 5000-8000, under Training as Apprentice Junior Engineer, C/o Sr. DSTE Coordination, West Central Railway, Kota. .. Respondents (By Advocate: Shri Hawa Singh) ORDER (ORAL)
Brief facts of the case are that the respondent No.2 invited a selection for the post of Junior Engineer (Signal) Grade-II in Kota Division vide their letter dated 17.10.2007 in which 4 posts were notified, out of which 3 posts for General candidates and 1 for Scheduled Caste candidate were reserved and there was no reservation for Scheduled Tribe candidate. The applicant being eligible and fulfilling the conditions mentioned in this letter against 20% quota has offered himself as one of the candidate and declared qualified in the written examination vide letter dated 4.4.2008. Subsequently, the respondents have notified a panel in which the respondent No.3 has been placed on the top of the panel making him outstanding.
2. Aggrieved and dis-satisfied with the action of the respondents, the applicant represented his case to the respondents vide representations dated 23.10.2008, 5.11.2008 and 25.11.2008 pointing out that he was at SL.No.3 of the seniority and respondent No.3 was ESM in Grade-II and placing respondent No.3 on the top of the list is against the rules and also against the Railway Boards order RBE No.272/99, according to which, the panel is to be prepared in order of seniority and those getting 80% marks or more in the aggregate should be classified as outstanding and allowed to supercede 50% of the number of his seniors in the field of eligibility. To this effect, the applicant also referred to RBE No. 102/2005. Para-3 (II) of this RBE deals with the procedure for holding LDCE and in Para 3(II)(ii) it is stated that the selection shall consist of a written examination and assessment of service record. While 85% weightage will be given to the performance in the written examination, 15% weightage will be given to service records and as per Para 3(II)(iv) the selection shall be based entirely on merit with reference to marks obtained by the candidates in the written examination and service record. Subject to usual relaxation for SC/ST staff those securing less than 60% in the aggregate will not be considered eligible for inclusion in the panel. Further, the service records of only those candidates who secure a minimum of 60% marks in the written examination shall be assessed.
3. The assessment sheet of selection for the post of JE-II (Signal) scale Rs. 5000-8000 is also placed on record alongwith the rejoinder to the reply filed by the applicant. Bare perusal of the assessment sheet it appears that name of the applicant find mention at Sl.No.3 but the total marks obtained by the applicant are 50 whereas Shri Laxman Singhs name figures at Sl.No.12 and he secured 64.75 marks out of 80 and this is more than 85%. Thus, in accordance with the Railway Boards order, respondent No.3 has rightly been promoted as he secured more than 80% marks and was rightly been classified as outstanding and allowed to supercede the applicant.
4. Thus, we find no merit in this OA, which is accordingly dismissed with no order as to costs.
(ANIL KUMAR) (JUSTICE K.S.RATHORE) Admv. Member Judl. Member R/