COMPTROLLER AND AUDITOR GENERAL OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH

JUDGEMENT

(1.) THIS order shall dispose of Civil Writ Petition No.18065 of 2006 and two connected petitions bearing CWP No.2650 -CAT of 2007 and CWP No.14334 -CAT of 2011. The facts involved in all these petitions, being similar and the question arising for our consideration being common, the facts are being culled out from CWP No.18065 of 2006. Respondents No.2 to 5 were working as Divisional Accounts Officer Grade -II, while respondents No.6 to 8 were employed as Divisional Accountants. There exists a cadre of Section Officers. The said posts are filled on the basis of departmental examination i.e.Section Officers Grade Examination (S.O.G.E.) Part -I and II. Para 9.2.6 of the standing orders in Comptroller and Auditor General's Manual, reveals that Clerks/ Accountants/Auditors/Divisional Accountants/ Supervisors (Scale 1640 - 2900), Manager Typing Pool (1640 -2900) and Senior PAs (2000 -3200) with three years' continuous service, are eligible to take up the said examination. Further, Para No.7.23 of the said Manual, also shows that ordinary grade Divisional Accouantants and Divisional Accounts Officers Grade -II (Non -Gazetted) on passing the SOGE Part -II are eligible for appointment as Section Officers.

(2.) AS is made out from the records, post 01.03.1984, the office of Accountant General was bifurcated into two cadres, viz. Accountant General (Accounts and Establishment) and Accountant General (Audit). Although, the categories referred to in para No.9.2.6 were eligible for being appointed as Section Officers on their qualifying Part -I and II examination, but the practice had been to appoint incumbents of Audit side to the said post on qualifying the said examination. However, subsequently, a decision was arrived at by Comptroller and Auditor General of India, vide letter dated 12.08.2003, vide which the A and E staff was also permitted to appear in SOGE (Civil Audit) Examination with a clear purpose and intent of their absorption in audit stream.

(3.) ACCOUNTANT General, (Accounts and Entitlement), vide circular dated 24.12.2003, requisitioned applications for SOGE Part -I and II Examination, stated to take place on 25.05.2004. In response, the private respondents submitted their applications. However, the Comptroller and Auditor General of India, vide separate orders, rejected the same. This is what led the private rerspondents to approach the Central Administrative Tribunal (for the sake of convenience and brevity hereinafter referred to as 'Tribunal').