Central Administrative Tribunal - Ernakulam
Ramya Unnikrishnan vs The Secretary Icar Krishi Bhavan New ... on 28 November, 2019
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00500/2019
Thursday, this the 28th day of November, 2019
CO RAM :
HON'BLE Mr.E.K.BHARAT BHUSHAN, ADMINISTRATIVE MEMBER
HON'BLE Mr.ASHISH KALIA, JUDICIAL MEMBER
Ramya Unnikrishnan,
D/o.Unnikrishnan.V.L.,
Aged 27 years,
Vanchipurakkal House, Manattuparambu,
Nayarambalam P.O., Ernakulam - 682 509. ...Applicant
(By Advocate Mr.P.K.Madhusoodhanan)
versus
1. Indian Council of Agricultural Research (ICAR),
represented by its Secretary, Krishi Bhavan,
New Delhi - 110 114.
2. Agricultural Scientists Recruitment Board,
represented by its Secretary,
Krishi Anusandhan Bhavan - 1,
Pusa, New Delhi - 110 012.
3. The Director,
Central Marine Fisheries Research Institute,
(Indian Council of Agricultural Research),
P.B.No.1603, Ernakulam North P.O.,
Kochi - 682 018. ...Respondents
(By Advocate Mr.P.Santhosh Kumar)
This application having been heard on 22nd November, 2019, the
Tribunal on 28th November 2019 delivered the following :
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ORDER
HON'BLE Mr. ASHISH KALIA, JUDICIAL MEMBER The applicant was selected for appointment to the post of Technician as OBC category candidate at Rank No.3 on merit. The appointment were made in the month of January 2019 from the merit list. Against non-joining vacancies of General category Serial No.7 in the reserve list was given appointment on 28.3.2019.
2. Another candidate belonging to OBC category on 23.2.2019 tendered resignation. The vacancy on account of resignation should be filled from the reserve list immediately and such vacancy shall not be treated as fresh vacancy. The respondents did not offer the same to the applicant. Feeling aggrieved the applicant has approached this Tribunal by filing the present O.A.
3. On notice respondents filed reply statement through Shri.P.Santhosh Kumar, Standing counsel for the respondents. It is submitted that the offer of appointment was issued to Ms.Menaka Das, candidate at Sl.No.1 in the reserve list against the vacant post arisen due to non-joining of Smt.K.B.J.Prasanna Rani in Annexure A-3(3). The vacancy arisen due to the resignation of Smt.Ambily.M.N., cannot be filled up from the reserve list of the competitive examination held on 1.7.2018 as the post was abolished .3.
vide Annexure R-3(a). It is further submitted that the vacancy arisen due to resignation of Shri.Ajay Kumar Parida in General Category was also not filled up in view of the guidelines at Annexure R-3(a). It is also submitted that Annexure A-5 ie. Office Memorandum dated 13.6.2000 is not applicable in this case in view of the clarification issued by the 1 st respondent vide Letter No.41(1)/2006-Per.IV dated 21.8.2006. Since the post of Technician T-1 grade in category-1 except under the "Fabrication Staff" and "Fishing Vessel Crew" stands abolished and the starting point of recruitment in Category-1 modified as Senior Technician (T-II), the operation of reserve list in this case does not arise.
4. It is submitted that since the post of Technician T-1 grade in category-1 except under the "Fabrication Staff" and "Fishing Vessel Crew"
stands abolished and the starting point of recruitment in Category-1 modified as Senior Technician (T-II), no action can be taken against the vacancies arisen due to the resignation of Smt.Ambily.M.N and Shri.Ajay Kumar Parida. It is also submitted that all the vacancies notified vide Annexure A-1 notification have already been filled up and therefore the applicant has no claim to get appointment against the vacancies arisen during the year 2019. This is also in conformity with the guidelines contained in Annexure R-3(d) letter dated 21.8.2006.
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5. Heard learned counsel for the parties at length and perused the records. The issue involved in the instant O.A is whether applicant is entitled for getting offer of appointment from the reserve list or not.
6. The stand of the respondents is that the post of the Technician T-1 grade in Category I except under "Fabrication Staff" and "Fishing Vessel Crew" stand abolished and the starting point of recruitment in Category I modified as Senior Technician (T-II). Hence no action can be taken against vacancies arisen due to the resignation of Smt.Ambily.M.N and more persons.
7. In this regard decision of the Governing Body dated 13.7.2018 is relevant. The same reads as follows :
"1. In future, there will be only six functional groups in ICAR Technical Services, which are as follows :
(i) Field/Farm Technician including Data Recorder/Animal Attendant for Veterinary Science.
(ii) Laboratory Technician.
(iii) Library/Documentation/Information Science.
(iv) Fabrication Staff.
(v) Hindi Translator.
(vi) Information Technology.
2. The positions in the grade of Technician(T-1) in all ICAR institutes except for in the functional group "Fabrication Staff"
required for Agricultural Engineering and equivalent posts under "Fishing Vessel Crew" stand abolished.
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3. XXXXXXXXXXXX
4. For the Data Recording/Animal Attendant Staff to be added in the functional group "Field/Farm Technician", the direct recruitment will be done at the level of Sr. Technician (T-II).
II. XXXXXXXXX
III. The recruitment to the erstwhile cadre of Technician (T-1), for
which requisitions have been sent to ASRB will hold good and except the posts of Technician (T-1) under the "Fabrication Staff", as mentioned above, and some posts under "Fishing Vessel Crew", shall be the last batch of directly recruited Technicians (T-1) in ICAR.
XXXXXXXXXX"
8. The respondents have clearly stated that requisitions have been sent to ASRB will hold good and except the posts of Technician (T-1) under the "Fabrication Staff" above and same posts under "Fishing Vessel Crew" shall be the last batch of directly recruited Technician (T-1) in ICAR. So it is clear that the post of Technician (T-1) category can filled as last batch recruitment and candidates have been appointed pursuant to that. If we read conjointly the order dated 19.7.2018 and the DoPT instructions, the validity of the selected candidate in case of resignation and death is one year. The candidates so joined would be treated as last batch. But in case somebody resigns from the post then what would be the criteria whether it will be treated as abolished vacancy. This was not stipulated in the order of respondents dated 19.7.2018. Rather it has permitted to fill up the Technician (T-1) post for certain categories. The intention of the respondents is clear that is to fill up the vacancies as last batch. Thus, even as last batch, the DoPT order is binding on the respondents, because the .6.
respondents have recruited the Technician (T-1) as last batch permitted by ICAR vide letter dated 19.7.2018 (supra). So we can hold that in terms of DoPT instructions applicable to the respondents vacancies arose on account of the resignation are liable to be filled up.
9. In view of the peculiar facts and circumstances of the case, we hold that the O.A has merit on its side and we accordingly direct that the respondents are bound to consider the claim of the applicant as OBC candidate duly selected at Sl.No.3 of the reserve list which is valid as on the date of non-consideration of applicant's name for the same. The respondents are further directed to consider the appointment of the applicant against the vacancy arose on resignation of Ms.Ambily.M.N, an OBC candidate, if she is otherwise found fit. The O.A stands allowed. The respondents are directed to comply with the aforesaid order within a period of 30 days from the date of receipt of a copy of this order. There shall be no order as to costs.
(Dated this the 28th day of November 2019)
ASHISH KALIA E.K.BHARAT BHUSHAN
JUDICIAL MEMBER ADMINISTRATIVE MEMBER
asp
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List of Annexures in O.A.No.180/00500/2019
1. Annexure A1 - A copy of Notification dated 16.1.2016 issued by the 3rd respondent.
2. Annexure A2 - A copy of duly filled up application form submitted by the applicant on-line.
3. Annexure A3 - A copy of provisional merit list/reserve list of candidates for the post of Technician (T-1) Examination, 2016 downloaded from the CMFRI site.
4. Annexure A4 - A copy of the Office Order dated 25.2.2019.
5. Annexure A5 - A copy of the Office Memorandum dated 13.6.2000, issued by the Nodal Ministry ie., Government of India, Ministry of Personnel, Public Grievances & Pension, Department of Personnel & Training.
6. Annexure A6 - A copy of the e-mail dated 27.4.2019 sent to the 2 nd respondent.
7. Annexure A7 - A copy of the reminder dated 25.5.2019 as well as letter dated 11.6.2019.
8. Annexure A8 - A copy of the Office Order dated 30.3.2019.
9. Annexure A9 - A copy of the Office Order F.No.19(3)/2015-Estt. (Vol.II) dated 28.3.2019.
10. Annexure A10 - A copy of the Experience Certificate dated 27.1.2018.
11. Annexure A11 - A copy of the Office Order dated 31.1.2019 issued to Shri.Digambar Suresh Kumbhar, from the O/o. the 3rd respondent.
12. Annexure A12 - A copy of the Office Order dated 31.1.2019 issued to Shri.Vishnu.P.G., from the O/o. the 3rd respondent.
13. Annexure A13 - A copy of the Office Order dated 31.1.2019 issued to Smt.Sini.M.B., from the O/o. the 3rd respondent.
14. Annexure A14 - A copy of the Office Order dated 31.1.2019 issued to Smt.Ambily.M.N., from the O/o. the 3rd respondent.
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15. Annexure R3(a) - A copy of the letter No.TS-19(05)/2017-Estt.IV dated 13.7.2018.
16. Annexure R3(b) - A copy of the notice No.5(60)/2017-CC-II dated 4.4.2018.
17. Annexure R3(c) - A copy of the letter F.No.9(3)2016-Exam-I dated 9.4.2018.
18. Annexure R3(d) - A copy of the letter No.41(1)/2006-Per.IV dated 21.8.2006.
19. Annexure R3(e) - A copy of the letter No.FS/3/16/2019-IA-VI dated 25.7.2019.
20. Annexure R3(f) - A copy of the Order No.8-8/2012-Cdn dated 26.7.2012.
21. Annexure R3(g) (i) to (iii) - A copies of the Register of Wages.
22. Annexure R3(h) - A copy of the Certificate issued to the applicant by M/s.ANB Associates.
23. Annexure R3(i) - A copy of the work contract agreement dated 1.8.2012.
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