V B JAMES Vs. FLAG OFFICER

JUDGEMENT

(1.) This writ petition is filed challenging Exhibit P1 order of the Central Administrative Tribunal dismissing O.A.No.744 of 2005. Petitioner is the member of a Scheduled Tribe. He was appointed as a worker in the Head Quarters of Station Naval Command on 14.3.1991. He was promoted as "Highly Skilled Grade-II" on 26.9.1995 and completed three years regular service in the said grade on 26.9.1998. He passed the departmental qualifying test on 30.7.2004.

(2.) He claims that two vacancies of Chargeman Grade-II had arisen and that he was entitled to be appointed against one such vacancy being a member of a Scheduled Tribe. His claim was that no Scheduled Tribe candidate had been appointed to the post of Chargeman Grade-II under the scheme of reservation applicable for promotion and that he was entitled to be appointed to make up the backlog of Scheduled Tribe hands, even if it entailed a relaxation of the selection criteria. He, therefore, sought promotion to the post of Chargeman Grade-II on reservation point set apart for Scheduled Tribe candidates as per Annexure A3 office memorandum dated 22.10.1997 and promotion with effect from 30.11.1999 against a point reserved for Scheduled Tribe to which vacancy the 5 th respondent was promoted.

(3.) It is contended that appointments were being made to the post of Chargeman Grade-II in terms of Annexure R2 O.M dated 29.4.1975 till 2.7.1997. It is stated that point No.1, which was reserved for Scheduled Castes, was filled up with a general candidate on 28.10.1986. When the next vacancy arose in 1991, there was no eligible Scheduled Caste candidate and the said vacancy was filled up by another general candidate on 25.10.1991. In 1995, two vacancies arose, first of which was filled up by a Scheduled Caste candidate and the fourth vacancy, which was reserved for Scheduled Tribes, by a Scheduled Caste candidate, since no Scheduled Tribe candidate was available. In the year 1986 also, no Scheduled Tribe candidate was available and the vacancy was filled up by appointing a Scheduled Caste candidate as a general candidate. In the post based reservation roster, which was introduced with effect from 2.7.1997, there were only five posts of Chargeman Grade-II and the reserved point of Scheduled Tribes arose at point No.14. Petitioner contends that the unfilled turns in the vacancy based roster should have been brought forward to the post based roster and the petitioner should have been appointed.