CHANDRA BHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions, being directed against the common order dated 12.04.2002 as passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT') in OA Nos. 204/1998 and 296/2000 have been considered together; and are taken up for disposal by this common order. Put in brief, the relevant background aspects of the matter are that the petitioner of CWP No. 3307/2002 filed the OA bearing number 204/1998 while questioning the order dated 03.04.1998 whereby his claim for conducting trade test for the post of Fitter General Mechanic H.S.-II (FGM HS-II) was declined by the respondents. Later on, the petitioners of CWP No. 3466/2002 filed the other OA bearing number 296/2000 seeking directions against the respondents for consideration of their case for promotion to the post of FGM HS-II from the date the persons junior to them had been promoted.

(2.) Essentially, the grievance voiced before the CAT by the writ petitioners was that they had been working on the post of Fitter General Mechanic (Skilled) and two of the incumbents belonging to Scheduled Tribe category, though junior to them, were permitted to take the trade test for the post of FGM HS-II; and on having qualified in the said trade test, they were promoted while ignoring the seniority of the petitioners. It was also suggested that no reservation could have applied for the purpose of inclusion in the trade test.

(3.) The respondents submitted in the counter that the trade test for FGM HS-II had been conducted strictly on seniority basis; and the FGMs having seniority up to 31.03.1987 were only allowed to appear in the trade test. It was also submitted that the individuals belonging to SC/ST categories, with seniority in the relevant grade up to 11.09.1991, were also invited in the trade test and those who qualified were appointed against the reserved points as per the reservation policy. As regards the claim of the petitioners-applicants it was maintained that they all having joined on the post of FGMs much after 31.03.1987, could not have been called for the trade test.