DEEP CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order dated 15.07.2011 passed by the Central Administrative Tribunal, Principal Bench, Delhi (hereinafter referred to as Tribunal ), whereby OA No. 3303/2010 filed by the petitioner was dismissed. Brief facts giving rise to the filing of this petition are stated herein below: On 10.2.1992, the petitioner was appointed as a Group D employee (Messenger-cum-Cleaner) in the Directorate of Plant Protection, Quarantine and Storage and was posted at Locust out post Jaisalmer. On 16.4.1999, he was transferred to the Central Integrated Pest Management Centre (CIPMC) at Faridabad. The Locust out post as well as CIPMC formed part of the Department of Agriculture and Cooperation in Ministry of Agriculture. Pursuant to an advertisement issued by the Staff Selection Commission (SCC) to hold departmental examination from Group D employees, the petitioner applied for the post of Lower Divisional Clerk (LDC) and was declared qualified. The Department of Agriculture and Cooperation, however, took the view that since the Office of CIPMC, where the petitioner was working, was not a participating office of Central Secretariat Clerical Service (CSCS), he was not eligible to appear in the examination conducted by the SSC. The Tribunal, observing that only the Ministries, Departments and Attached Offices are considered as participating offices of Central Secretariat Clerical Service and the Field Offices under them are Subordinate Offices, held that since the petitioner was not working in a participating office, he was not eligible for appointment as LDC in Central Secretariat Clercial Service. The Tribunal also observed that the Field Offices have their own Recruitment Rules governing promotion of Group D staff as LDC.

(2.) It is not in dispute that at the time he applied for the post of LDC pursuant to the advertisement issued by the SSC, the petitioner was posted in CIPMC, Faridabad. Vide Office Memorandum dated 18.10.2004, he was given work relating to cleaning of vehicles of Headquarter in addition to his own duties at CIPMC, Faridabad, till further arrangements were made. On 8.11.2005, the petitioner was posted in the Headquarter of Directorate of Plant Protection, Quarantine and Storage, Faridabad. The examination for the post of LDC was conducted on 18.12.2005. The petitioner was posted in the Headquarter at that time. Pursuant to our order dated 16.4.2012, the respondents have placed on record the advertisement issued by the Staff Selection Commissioner (SSC) for Clerks Grade Departmental Examination, 2005, for Group D Staff. A perusal of the advertisement would show that a qualifying examination was held for recruitment to temporary vacancies reserved for regularly appointed Group D staff in the Lower Division Grade of the (i) Central Secretariat Clerical Service, (ii) Armed Force Headquarters Clerical Service & (iii) Grade VI of the I.F.S. Branch B . The relevant Clauses of the advertisement read as under: Conditions of Eligibility:

(3.) A perusal of the aforesaid advertisement would show that the petitioner could have appeared in Clerks Grade Departmental Examination, 2005 only if he was holding a Group D post on regular basis in any of the Ministries/Offices participating in the Central Secretariat Clerical Services. It is an admitted position that CIPMC, Faridabad where the petitioner was working at the time he submitted his application to appear in Clerks Grade Departmental Examination, 2005 is a constituent of the Directorate of Plant Protection, Quarantine and Storage, Faridabad. CIPMC Faridabad is not an office independent of the said Directorate. All the employees of the Directorate irrespective of whether they are posted in Field Offices such as CIPMC or in its Headquarter, are employees of the Directorate. If Directorate of Plant Protection, Quarantine and Storage, Faridabad was the participating office in the Central Secretariat Clerical Service, all its employees, including the employees who were working in CIPMC, were eligible to appear in Clerks Grade Departmental Examination. On the other hand, if only the Headquarter of the Directorate was the participating office in the Central Secretariat Clerical Service, only those employees of the Directorate, who, at the relevant time, were posted in the Headquarter would alone be eligible to appear in the said examination.