SURAJBHAN Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) INSTANT petition is directed against the order of Central Administrative Tribunal dt. 06.12.2010 upholding the decision of respondents of canceling the selection process held for the post of Map Mounter which is selection post vide order dt. 06.11.2008. The necessary facts which can be culled out for proper appreciation of the controversy are that the petitioner initially appointed as Darban (Group -D) vide order dt. 28.07.1995. It will be relevant to record that in Group -D cadre there are other posts like Daftari, Jamadar, Safaiwala, Binder and Mali who are also the members of Group -D cadre subject to their academic qualifications experience are eligible for promotion for the post of Map Mounter in Group -C cadre, which is selection post to be filled by promotion and as per the procedure for recruitment provided under the Scheme of Rules, 75% quota is to be filled from Group -D cadre with six years regular service in one or more Group -D cadre of Geological Survey of India subject to passing the Trade Test to be filled by selection by the DFC constituted by the department.

(2.) AS per the recruitment Rules provided for the post of Map Mounter, the extract to the relevant Recruitment Rules is reproduced ad infra: -

(3.) AS it manifests from the record, the process was initiated by the respondents by issuance of Circular dt. 06.11.2008 inviting applications for filling the post of Map Mounter against single unreserved post and opportunity was afforded to such persons who are members of Group -D cadre and fulfill the conditions of eligibility to appear in the Trade Test, as per the Scheme of Rules and such of the persons/applicants who submitted their applications and eligible to appear in the Trade Test were permitted to appear vide order dt. 25.11.2008 which was held on 27.11.2008. As a matter of fact, as per the incumbency statement which is placed by the respondents on record before the ld. Tribunal as on 31.10.2008, 102 persons were working in the cadre of Group -D against sanctioned strength of 215 and as it reveals the sanctioned strength of other posts like Daftry, Jamadar, Binder, Mali & Safaiwala is very minimal. At the same time, the cadre strength of the post of Darban is 172 against which 71 persons were working and out of 102 incumbents who are working in Group -D cadre and those who submitted applications to participate in the selection process initiated vide circular dt. 06.11.2008, ten of them were found to be eligible and were permitted to appear in the Trade Test. Out of ten candidates one Kailash Chand, Safaiwala did not appear in the Trade Test and out of nine, who appeared in the Trade Test held on 27.11.2008, four qualified with the minimum qualifying marks prescribed and the present petitioner secured highest marks of 92 out of 100 and others who qualified the Trade Test secured 85, 65 & 71 marks respectively. When the matter was placed before the DPC, constituted for promotion to the post of Map Mounter in its meeting held on 08.12.2008 it did not considered appropriate to examine the service record of the incumbents who qualified the Trade Test to fill the unreserved posts of Map Mounter, however, since only nine persons appeared from Group -D cadre in the Trade Test and senior persons, as alleged, had not appeared, the Committee was of the view to ascertain as to whether ample opportunity was provided to the senior persons as per the seniority list and as there was only one post of Map Mounter, as per the guidelines laid down by the Geological Survey of India constituting the normal zone of consideration, the Committee was of the view that it is not clear as to whether the officials have undertaken this exercise to inform such of the applicants who are falling under the normal zone of consideration for holding Trade Test and with certain directions finally observed that let a fresh Trade Test be conducted and thereafter the matter be re -submitted for consideration of the Committee. It would be appropriate to quote the minutes of the DPC which is relevant for the present purpose reads ad infra: