UNION OF INDIA OWNING INTEGRAL COACH FACTORY Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL MADRAS BENCH CHENNAI

JUDGEMENT

(1.) IN both the writ petitions, the order of the Central Administrative Tribunal, Chennai Bench in allowing the original application is questioned. The controversy arises on the following set of facts. For promotion to the post of Assistant Executive Engineer (AEN), which is a Group B post, a ratio of 30% through Limited Departmental Competitive Examination (LDCE) from amongst the Senior Section Engineers with at least five years experience and 70% on the basis of seniority from amongst the Senior Section Engineers is earmarked. The roster for filling up the vacancies is that the first three vacancies are to be filled up from the 70% quota and the fourth vacancy is to be filled up from the 30% (LDCE) quota.

(2.) SOMETIME during the year 2000, one post of Assistant Executive Engineer (AEN) was filled from amongst the Scheduled Caste category. In the year 2001, another vacancy was notified to be filled from unreserved category and the selection was cancelled due to administrative reasons, though the written test was conducted. During the year 2005, another vacancy arose and the same was notified for reserved category (SC) by a notification. The said notification was questioned by the contesting respondents, who were working as Senior Section Engineers in the Integral Coach Factory. The thrust of challenge was that as the selection process for the earlier vacancy which stood notified as unreserved category was cancelled, that vacancy should have been again notified only as unreserved and in the matter of promotion, post-based reservation system should have been followed as per the judgment of the Supreme Court in R.K. Sabharwal and others v. State of Punjab and others, AIR 1995 SC 1371.The notification was further questioned on the ground that once the selection process had commenced, the rule that was prevalent on the date of appointment should alone be followed and in support of the said submission, the judgment of the Supreme Court in Union of India v. S.S. Uppal and another, (1996) 2 SCC 168 was relied upon. The Tribunal after accepting both the above contentions allowed the original application. Writ Petition No.22149 of 2007 is filed by one V. Selvaraj, an incumbent Assistant Executive Engineer on obtaining leave and Writ Petition No.4269 of 2008 is filed by the official respondents representing Integral Coach Factory.