O.A. No. 129/2010. Case: 1. Ben Johnson S/o K. V. Johnson, 2. P. J. Sebin S/o P. S. Joseph, 3. V. Sreejith S/o K. V. Vijaykumar, 4. K. R. Renoy S/o Late K. R. Ravi Vs 1. Union of India, Represented by Secretary to the Government of India, Ministry of Defence, 2. Flag Officer Commanding-in-Chief, Headquarters Southern Naval Command, Naval Base, Cochin, 3. Chief Staff Officer (P & A), Headquarters Southern Naval Command, Cochin. Central Administrative Tribunal

Case NumberO.A. No. 129/2010
CounselT. C. Govindaswamy, Sunil Jacob Jose
JudgesK. Thankappan (Judicial Member) & K. George Joseph (Administrative Member)
IssueService Law
Judgement DateJune 28, 2010
CourtCentral Administrative Tribunal

Judgment:

K. Thankappan (Judicial Member), (Ernakulam Bench)

  1. The applicants filed this Original Application, aggrieved by a letter dated 29th January, 2010 of the Commander, Public Information Officer, Southern Naval Command for and on behalf of the 2nd and 3rd respondents. The said letter was addressed to the 2nd applicant and similar letters were also received by other applicants.

  2. The Original Application has been admitted by this Tribunal and notices have been ordered to the respondents. In pursuance to the notices received, two reply statements have already been filed for and on behalf of the respondents.

  3. We have heard the counsel appearing for the applicants Mr. T.C. Govindaswamy and Mr. Sunil Jacob Jose, learned Senior Central Government Standing counsel appearing for the respondents. The main question to be answered in this Original Application is that whether the letter impugned by which selection process for recruitment of Telephone Operators has been cancelled is correct or not. For deciding this question it is advantageous to see few facts of the case as discernible from the averments of the Original Application.

  4. The third respondent, the Chief Staff Officer (P & A), Headquarters, Southern Naval Command, Cochin had invited applications for filling up of the ten posts of Telephone Operators (Gen-6, OBC-2, SC-1 & VH-1) in the pay band of Rs. 5200-20200/- with grade pay of Rs. 2000/- as per employment news dated 4-10th July, 2009, a copy of which was produced and marked as Annexure A-1 in the Original Application. The applicants along with other candidates applied for the post. In furtherance of the above notification after scrutinizing the entire applications received 160 candidates who have fulfilled the requisite qualifications were called for appearing for the written examination conducted on 30th November, 2009. After the written examination the applicants and other qualified candidates were invited for a practical test and interview which was held on 16/17th December, 2009. Since after the practical test and interview no information has been received regarding the finalization of the selection process the applicants submitted several representations including that of a representation dated 8.1.2010, a copy of which was marked as Annexure A-4. In response to the representation at Annexure A-4 the Public Information Officer, Southern Naval Command, issued the impugned letter Annexure A-5 and similar letters were...

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