Central Administrative Tribunal - Chandigarh
Rattan Chand Son Of Late Sh. Jai Dayal vs Union Of India Through Secretary on 1 June, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH O.A. No.311/HP/2012 Dated: 01.06.2012 CORAM: HONBLE MRS. SHYAMA DOGRA, MEMBER (J) Rattan Chand son of late Sh. Jai Dayal, R/o Village Gowari, Post Office Khus Nagri, Tehsil Tissa, Distt. Chamba (HP). ..Applicant Versus 1. Union of India through Secretary, Ministry of Information & Technology, Deptt. Of Posts Dak Bhawan, New Delhi. 2. Chief Post Master General, HP Circle, Shimla. 3. Superintendent of Post Office, Chamba (HP). .Respondents Present: Sh. Shailendra Sharma, counsel for the applicant Sh. Rohit Sharma, proxy for Sh. Deepak Agnihotri, counsel for the respondents. ORDER(Oral)
(BY Honble Mrs. Shyama Dogra, Member(J)
1. Hear learned counsel for the parties and have gone through the pleadings on record.
2. On close scrutiny of the documents on record and finding given by the Circle Relaxation Committee, while considering the case of the applicant along with other candidates, it is noticed that out of 5 candidates, whose names were considered for their appointment on compassionate grounds, none of them has secured 50 points out of 100 points to make them eligible for their appointment as such in view of the criteria laid down vide Annexures R-1 and R-2.
3. Therefore, keeping in view that Court cannot sit as an Appellate Authority to reassess the marks given to the candidates, as the Circle Relaxation Committee is the Competent Authority to assess the eligibility and give marks to the candidates, this Court is not inclined to interfere in the impugned order Annexure A-1 dated 12.09.2011, whereby the case of the applicant was rejected on the ground that he has secured 26 points out of 100 points and he has not qualified for selection for compassionate appointment in the GDS category as cut off points maintained by the respondents are 50 out of 100.
4. However, keeping in view that the vacancy of GDS has fallen vacant, because of death of applicants father, the respondents are at liberty to expedite the process of selection for the said post inviting applications through Advertisement. Applicant can also apply for the same and his case be considered alongwith other eligible candidates, if he is otherwise eligible for the said post. Needful be done expeditiously and preferably within a period of four months from the date of receipt of a copy of this order.
5. With these observations and direction as above, this OA stands disposed of accordingly. No costs.
(SHYAMA DOGRA) MEMBER (J) PLACE: CHANDIGARH.
DATED: 01.06.2012.
sv:
3O.A. NO. 311/HP/2012 titled (RATTAN CHAND VS. UOI & ORS.)