ACQUILIN ROSE M. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was unsuccessful before the Tribunal (CAT Ernakulam Bench) has filed this petition for implementation of Scheme for her employment in Vikram Sarabhai Space Centre without being sponsored through Employment Exchange. Vikram Sarabhai Space Centre (for short 'VSSC') was established at Thiruvananthapuram after evicting so many people in that locality. A consensus was arrived at between the VSSC and the members of the evicted families that one member from each family, within the first three generations will be provided with suitable employment without being sponsored by Employment Exchange. The grand father and the mother of the petitioner are evictees for establishment of the VSSC. Pursuant to the scheme she approached the authorities seeking employment but, her request was rejected. Though she challenged the said order before Tribunal, (Central Administrative Tribunal, Ernakulam Bench) by filing O.A. No. 180/00637/2015, the application was dismissed on 05/04/2016. Aggrieved by the order of the Tribunal the petitioner has filed this petition.

(2.) The controversy involved in the petition arises in the following background : Late Sri. Oliver Fernandez, the grand - father of the petitioner was evicted from his residential plot having an extent of 10 cents for establishment of VSSC under L.A. Case No. 97/63. Annexure - A2 is the certificate issued to Late Sri. Oliver Fernandez evidencing acquisition of his land for establishment of VSSC. The property of Mrs. Maria Fernandez, the mother of the petitioner was also acquired by VSSC. Annexure - A3 is the certificate for the same. The petitioner has approached the respondents for employment as per Annexure - A1 Scheme being a member of third generation of her grandfather. The petitioner had passed SSLC in First Class with 73% marks and Annexure - A7 is the Certificate. She has also passed Diploma in Mechanical Engineering as evident by Annexure - A8 and had undergone Technician Apprentice in Central Power Research Institute as per Annexure - A9 Certificate. But her application (Annexure - A11) dated 29/11/2005 and subsequent representations dated 01/08/2007 and 22/01/2008 in terms of Annexure - A1 were rejected by the VSSC as per Annexure A12. Therefore, she has approached the Tribunal seeking the following reliefs:

(3.) Her claim was resisted by the respondents contending that the Scheme is applicable only for first three generations of the members of the evicted families. The acquisition of the land was done after completing all the formalities. Smt. Maria Fernandez, her mother has not registered for employment either under evicted or affected category. Only an extent of 10 cents in Survey No. 2804 was acquired from Smt. Maria Fernandez, D/o Oliver Fernandez and as such she does not come under the evicted category and she was not considered as an evictee as land alone was acquired from her. The persons from whom land alone were acquired were not treated under evicted categories. The petitioner was born on 29/01/1977 and comes under OBC category. So as on 29/01/2015, she was aged 38 years and the maximum age limit prescribed for erstwhile Group D is 25. Even after giving three years relaxation under OBC category she crossed 28 years and she will not come under the group C or D categories. The employment is also subject to the availability of the post and suitability of the candidate. The petitioner has also not submitted documents to prove that she had obtained consent from the other family members. She was appointed on temporary basis through some other agency as Technical Assistant. But that does not entitle her for regular employment in VSSC. So on all these grounds, she was not entitled for an appointment under Annexure - A1 scheme, was the stand taken by the respondents before the Tribunal.