THOMAS PAPACHAN Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Since some common questions are involved in both these writ petitions the same are taken up for disposal by a common judgment for the sake of convenience.

(2.) In WPCT No. 1162 of 2011, the three writ petitioners namely Shri. Theodor Kujur, Shri K Ummer and Shri K.G.Krishna have challenged the legality and propriety of the common order dated 08.03.2011 passed in O.A. No. 140/AN/2009 and O.A. No. 56/AN/2009 by the Central Administrative Tribunal, Calcutta Bench, Circuit at Port Blair. The same order has been assailed by the writ petitioner Thomas Papachan in WPCT No. 1127 of 2011 separately.

(3.) While disposing of both the O.As, learned Tribunal has proceeded to consider the point at issue from the admitted fact from either side that under the Recruitment Rules namely Andaman & Nicobar Administration(Recruitment to NonGazetted post in Marine Department), Rules 1980, promotion in the post of Assistant Chargeman (Plater) will be 100% promotion, failing which by direct recruitment. In case of recruitment by promotion/deputation/transfer grade promotion it shall be made from amongst Boiler Makers, Platers and Welders Group A who have put in 5 years of service in respective grades and qualify in the trade test which is by nonselection. In case of recruitment by promotion/deputation/transfer to be made feeder grade will be from amongst Platers/Boilers with 3 years experience of plater in the Marine Department and who passed the trade test which is by selection. The applicants in O.A. No. 56/AN/2009 submitted representation dated 16.03.2006 and 28.08.2006 with a request to consider his promotion to the post of Chargeman(Plater) in pursuance to the result declared on 23.08.2000, in lieu of vacancy arising out of the demise of one Krishnamoorty. The applicants in O.A. No. 56/AN/2009 Shri Tarakeswar Rao and Mohd. Hanif were declared passed in trade test conducted for the post of Chargeman(Plater) in terms of letter dated 22.08.2000 in which Shri Tarkeswar Rao, Mohd. Hanif and the applicant were placed at Sl.Nos. 1, 2 and 3 respectively.