TECHNICAL STAFF ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ application the petitioners have expressed their dissatisfaction for the judgement and order dated 2nd June, 2006 passed by the learned Central Administrative Tribunal, whereby and where under. the numbers of application made thereat were disposed of vide the said judgement and order.

(2.) We have gone through the judgement and order passed by the learned Tribunal and also the writ petition. We do not find that the petitioners had seriously challenged or had pointed out any infirmity and/or illegality in the findings of the learned Tribunal. The facts of the case as recorded by the learned tribunal are correct and borne out by the records, and such fact findings have not been challenged nor denied and disputed by the writ petitioners herein. The learned counsel for the petitioners Ms. Ganguly has not challenged the fact findings. Her grievance in this matter is that in spite of having correct findings the petitioners have not been granted reliefs as prayed for before the learned Tribunal, wherein it was claimed by the petitioners to take speedy action for amendment of the Recruitment Rules and for stopping direct recruitment in the post of Assistant Engineer, both Civil and Mechanical under the A & N Administration.This recruitment process has been undertaken under the relevant recruitment rules, which according to Ms. Ganguly has become wholly backdated. In the Government policy and so also recommended by the Pay Commission that in every five years' interval, cadre position has to be reviewed and recruitment rule has to be amended for the same. She says that the promotional avenues as per the present recruitment rules are from the feeder post of Inspector to the post of Assistant Engineer, in the Public Works Department promotion is much less than other departments of the same Administration. To bring about parity the promotional avenues should be widened by amending the existing recruitment rules. The A & N Administration has already forwarded and proposed for amendment and such amendment has been accepted in principle by the Central Government, but no final decision has yet been taken to give the final shape of amendment. As a result thereof, the present position of the rules for filling up of the posts of Assistant Engineers (Civil and Mechanical), are in the following proportion :

(3.) The amendment has been suggested for filling up of the posts in equal ratio meaning thereby the promotional quota has been increased by ⅓rd.