RAZAK Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed against the order of the Central Administrative Tribunal (CAT) dated 1 September, 1998 (Annexure -6 to the petition). There were several claimants before the CAT and these were claims registered as O.A. No. 30/92 and O.A. No. 437 of 1992. The petitioners belong to the claim registered as O.A. No. 437/92.

(2.) HEARD counsel for the petitioners and the respondent Union of India.

(3.) THE contention of the petitioners is that since they had worked for sufficient number of period as Fireman -I they should be deemed to have qualified by experience to hold the post of Fireman -I. The petitioners also contend that it was not necessary for them to qualify in the written test nor they could have been reverted though they could not qualify in the selection process including the written test. If a selection process has been outlined and in the present case it has been, it would be an illegality to avoid the selection process and continue the petitioners as Fireman -I fully conscious of the aspect that they had failed in the examination.