U O I Vs. C A T

JUDGEMENT

(1.) -Both these writ petitions arise out of the judgment passed by the Central Administrative Tribunal, Jodhpur dated 14. 11. 2002, therefore, the same are being decided by a common judgment.

(2.) BOTH these writ petitions have been filed by the petitioners against the order dated 14. 11. 2002 (Annexure-1) passed by Central Administrative Tribunal, Jodhpur in Original Application No. 42/2002 in the case of Kailash Vasandani vs. Union of India and Ors. (1), whereby the Original Application filed by the respondent-applicant No. 2 was allowed and the petitioners were directed to interpolate the name of the applicant in the selection panel dated 4. 11. 1996 on the post of Junior Chemist and Metallurgical Assistant (for short "jcma" ).

(3.) AGAINST the order dated 29. 10. 2001, the respondent No. 2 preferred an Original Application before the Tribunal, which was registered as O. A. No. 42/2002. The Tribunal after hearing both the parties, passed the order dated 14. 11. 2002 whereby the Original application of the respondent No. 2 was allowed and it has been held that the object of making the provisions as 219 (h) was to enable the empanelment of the candidates who have put in long satisfactory service. The Tribunal has also observed that rule making authority omitted to make the necessary amendment in sub-para (h) and that has resulted in consistency between para 219 (g) and (h ). In such circumstances, the learned Tribunal relied upon note to in sub-para (g) of para-219 and held that the respondent No. 2 shall be entitled for empanelment on account of his marks obtained by him as per the seniority despite the fact that he has not got 60% marks in aggregate.