D.B. Civil Writ Petition No. 7840/2014. Case: Kailash Chand Vs Central Administrative Tribunal. Rajasthan High Court
| Case Number | D.B. Civil Writ Petition No. 7840/2014 |
| Counsel | For Appellant: Bhoja Ram, Bajrang Lal and Party-in-Person |
| Judges | Ajay Rastogi and J. K. Ranka, JJ. |
| Issue | Constitution of India - Articles 14, 227 |
| Judgement Date | September 10, 2014 |
| Court | Rajasthan High Court |
Judgment:
1. The petitioners have jointly filed the instant petition assailing order of the ld. Central Administrative Tribunal dt. 12.05.2014.
2. The respondent No. 4 was aggrieved by the selection process initiated by the respondent (Railway Establishment) in preparing panel dt. 01.02.2010 while making appointments against 33 1/3% quota of non-matriculate, reserved for the substantive members of Group-D employees having three years of regular service in the cadre, for promotion to the post of Commercial Clerk & Ticket Collector which is in Group-C.
3. Indisputably, the present petitioners, and as informed to this court, are graduate and initially joined service in Group-D and participated in selection process which the respondent-Railway Establishment initiated against 33 1/3% quota reserved for non-matriculate and the panel prepared on 01.02.2010 was including good number of members of Group-D staff, who were holding qualification over and above matriculate including graduation.
4. The respondent No. 4 being aggrieved by the procedure which the respondent-Railway Establishment initiated holding selection of members of Group-D, who are non-matriculate, for whom 33 1/3% quota was reserved, and if matriculate employees with higher qualifications had participated in the selection process, their right of fair consideration would be jeopardized and they failed to find place in select panel dt. 01.02.2010, filed Original Application No. 195/2010 before the ld. Tribunal.
5. It has come on record that vacancies are notified vide Notification dt. 18.03.2008 of the post of Commercial Clerk & Ticket Collector in the scale of Rs. 3200-4900 & 3050-4590 for promotion under ranker quota of 33 1/3% non-matriculate and notified 11 vacancies i.e. 3 for Commercial Clerk & 8 for Ticker Collector from Group-D staff having three years regular service and as per Notification, notified posts meant for non-matriculate employees. However, it appears that when panel was prepared, pursuant to Notification dt. 18.03.2008, good number of persons who are graduate, like present petitioners, their names find place in the final select panel dt. 01.02.2010 and the applicant before the ld. Tribunal being aggrieved by the incumbents who are not eligible & participated in the selection process and after their name find place in the select panel dt. 01.02.2010, approached the ld. Tribunal by filing Original Application No. 195/2010 impleading the present petitioners...
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