RAJENDRA KUMAR GAUTAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two petitions have been filed by drivers employed in the Central Bureau of Investigation. The petitioners filed an original application before the Central Administrative Tribunal when they were denied the appointment of participating in the selection for promotion on the post of Head Constables in the Executive Cadre. The ground of such denial was that since the petitioners belong to the Motor Transport Cadre, therefore, they stand excluded for consideration on the post of Head Constable in the Executive Cadre.

(2.) THE petitioners took a plea that they were appointed in the executive cadre as Constables and that they had never opted to go into the Motor Transport Cadre which was formed later on. They, therefore, pleaded that this denial of an opportunity to seek promotion is arbitrary and contrary to the rules.

(3.) THE respondent -C.B.I. took a stand that as a matter of fact the cadre formation of the Motor Transport Section took place for which options were invited and that the petitioners willingly on their own participated in the Motor Trade Test that was conducted whereafter they were placed in the said category. Consequently, it was not open to them to question their status in the Motor Transport Cadre. The Tribunal after having examined the facts came to the conclusion that the petitioners had never objected to their names appearing in the list of Motor Transport Cadre employees and in the year 2000, after almost five years of the formation of the Cadre, they had raised this issue at the time of promotion which was impermissible. The Tribunal further held that the rules provide only for direct recruitment and in the case of drivers it is a matter of screening only. The stand taken in the counter affidavit was that the petitioners had already opted to remain in the Motor Transport Cadre and therefore they had no claim left in the executive cadre.