Central Administrative Tribunal - Mumbai
Pramod Shivaji Nadkar vs Western Naval Command on 9 March, 2018
1 OA No.407/2015
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION No.407/2015
Date of Decision: 9th March, 2018
CORAM:HON'BLE SHRI ARVIND J. ROHEE, MEMBER(J)
HON'BLE SHRI R. VIJAYKUMAR, MEMBER (A)
Shri Pramod Shivaji Nadkar
R/at. B-1/303, Moraj,
Residency, Palm Beach Road
Sanpada, Navi Mumbai 400705. ... Applicant.
(Advocate by Shri S.V. Marne)
VERSUS
1. Union of India
Through the Flag Officer
Commanding in Chief Head
Quarters, Western Naval
Command,S.B. Marg,
Mumbai 400 023.
2. The Admiral Superintendent
Naval Dockyard, S.B.S Road,
Mumbai 400 023. ... Respondents
(Advocate by Shri V.S. Masurkar)
ORDER (ORAL)
PER: SHRI ARVIND J. ROHEE, MEMBER (J)
Oral submissions of both the learned Advocates for the parties heard on merits.
2. In this OA, the following reliefs are sought by applicant:-
"8(a) This Hon'ble Tribunal may be pleased to direct the respondents to consider the candidature of the applicant for appointment on the post 2 OA No.407/2015 of Tradesmen Electrical Fitter in OBC category and appoint him to the said post w.e.f. date of appointment of his batchmates with all consequential benefits including seniority.
(b) Costs of the application be
provided for.
(c) Any other and further order as this Hon'ble Tribunal deemds fit in the nature and circumstances of the case be passed."
3. It is stated that in OA No.529/2014 involving similar issue and pertaining to the same advertisement (selection process) filed by the applicant Shri Rakesh Kashinath Zugare is decided in his favour by this Tribunal on 15.04.2015, in which he has challenged cancellation of his candidature on the basis of the caste claim. It is stated that this order has been confirmed by the Hon'ble High Court in Writ Petition No.1166/2017 on 17.04.2017 prior to that the order passed in OA is complied with by respondents during pendency of Writ Petition.
4. In view of this, it is prayed that this OA may be disposed of with similar directions as given in OA No.529/2014.
5. Today the learned Advocate for the respondents has also filed on record a communication dated 06.03.2018 received from 3 OA No.407/2015 lieutenant Commander, Manager (Legal) for Admiral Superintendent. Para 4 to 7 of the said communication is reproduced here for ready reference:-
"4. It is pertinent to mention that though the applicant Shri RK Zugare in OA 529/2014 had sought relief to appoint him w.e.f. date of appointment of his batchmates with all consequential benefits including seniority, the Hon'ble Tribunal vide its judgment dated 15 Apr 2015 (Annexure A-7 of the subject case) had not given such relief and directed to take all further necessary steps in the matter of finalization of the selection/appointment of the applicant within a period of two weeks from the date of receipt of copy of this Tribunal order and issue necessary order within a period of two weeks form the date of report of medical fitness of applicant. The respondents were further directed to make a fresh reference to the Caste Scrutiny and Validity Committee in respect of applicant's caste for its early decision. Further, the appointment order if issued to Shri RK Zugare will be subject to decision of the Caste Scrutiny and Validity Committee. The judgment dated 15 Apr 15 was also upheld by the Hon'ble Bombay High Court in its judgment dated 17 Apr 17 in WP 1166/2017 UOI Vs. RK Zugare.
5. Therefore, in the present case also the applicant Shri PS Nadkar is entitled for the appointment to the post of Tradesman (Electrical fitter) in OBC category after clearance of the pre- recruitment formalities, medical examination in a current year vacancy and appointment order if issued to Shri PS Nadkar will be subject to decision of the Caste Scrutiny and Validity Committee.
6.This is to also inform you that the judgment dated 17 Apr 17 passed by the Hon'ble Bombay High Court in WP 1166/2017 UOI Vs. Shri RK Zugare was implemented as per the directives of the Competent Authority vide its letter dated 19 Jul 17.
7. The Hon'ble Tribunal may be informed 4 OA No.407/2015 accordingly on the next hearing of the matter i.e. on 09 Mar 2018."
6. It is stated by learned Advocate for the applicant that the caste claim of the applicant is already validated by the Caste Scrutiny and Validation Committee and hence there is no need to issue any direction to make a fresh reference to the said Committee, as was done in OA No.529/2014.
7. In view of above, since relief is granted to the similarly placed candidate from the same selection process, the applicant is entitled to the same relief with slight modification.
8. (a) The OA is, therefore, allowed.
(b) The respondents are directed to consider the candidature of the applicant for appointment on the post of Tradesmen Engine Fitter in OBC category, in existing vacancy. If found otherwise fit, necessary appointment order be issued in his favour for the aforesaid post.
(c) The above exercise shall be carried out and completed within a period of two weeks from the date of receipt of certified copy of this order.
5 OA No.407/2015
(d) The order so passed shall then be communicated to the applicant at the earliest for taking appropriate steps in the matter.
(e) Pending M.As, if any, also stand disposed of.
(f) In the facts and circumstances of the case, the parties are however directed to bear their respective cost of this OA.
(g) Registry is directed to issue certified copy of this order to both the parties at the earliest for taking appropriate steps in the matter.
(R. Vijaykumar) (A.J. Rohee) Member (A) Member (J) ma.