UNION OF INDIA Vs. M. JABASTIAN

JUDGEMENT

(1.) THE first respondent, who was the applicant before the Central Administrative Tribunal, Madras Bench, claimed appointment as MATE which remained unfilled in the office of the third respondent therein. Pursuant to the advertisement issued in December, 2011 for the selection to the post of MATE in various categories, the first respondent made an application.

(2.) THE case of the first respondent / applicant is that the first respondent was eligible for consideration under paragraph 5 -C, which requires that departmental candidates shall be considered for selection who have rendered not less then three years of continuous service in the organization. The first respondent was provisionally selected for the interview. He attended the interview held in November, 2012. In the final list, the first respondent was not found successful and 27 vacancies as notified remained unfilled.

(3.) THE case of the petitioners herein / respondents before the Tribunal was that the first respondent was not an employee of the defence establishment. He was only engaged as a casual labourer for the purpose of miscellaneous works. The first respondent belongs to OBC category, wherein passing cut -off mark was 45. The first respondent obtained only 40 marks. Thus, he could not be selected.