OA No. 3707/2013. Case: Manohar Lal Vs Union of India. Central Administrative Tribunal
| Case Number | OA No. 3707/2013 |
| Counsel | For Appellant: Ashwarya Sinha, Advocate and For Respondents: R.N. Singh, Advocate |
| Judges | Syed Rafat Alam, J. (Chairman) and Dr. B.K. Sinha, Member (A) |
| Issue | Constitution of India - Articles 14, 16, 320 |
| Judgement Date | December 24, 2014 |
| Court | Central Administrative Tribunal |
Order:
Dr. B.K. Sinha, Member (A), (Principal Bench, New Delhi)
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The instant OA assails the OM dated 02.09.2013 (Annexure A-1 page 29 of the paper book) vide which the applicants have been rendered ineligible for appearing in a Special Limited Departmental Competitive Examination for Scheduled Castes/Scheduled Tribes for appointment of Section officers to the post of Under Secretary.
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The applicants have sought the following relief(s):
i) Quash and set aside the impugned Circular dated 02.09.2013 issued by the Ministry of External Affairs, Govt. of India vide which the Applicants herein have been deprived of their legitimate right to appear in the Special Limited Departmental Examination for SC/ST officers which is to be conducted by the UPSC on 26.10.2013 and 27.10.2013 for appointment of the Section Officers to the post of Under Secretary.
ii) Direct the Respondents to allow the Applicants to appear in the Special Examination to be conducted by the UPSC for promotion to the post of the Under Secretary.
iii) Pass such other order/orders as your Lordships may deem fit and proper in the interest of justice.
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The case of the applicants, in brief, is that they have been working in the Stenographers Cadre of the IFS (B). Under Rule 7 of the Indian Foreign Service, Branch B (Stenographers Grade, Principal Private Secretary Posts) Recruitment Rules, 1992 [hereinafter referred to Rules of 1992], Private Secretaries had an option to choose whether they desired promotion to the post of Grade-I in the General Cadre or to continue in the Stenographers Cadre. On 03.01.2008, the Cadre Cell of the Ministry of External Affairs notified a revised seniority list of the Grade Stenographers in the Stenographers Cadre of IFS (B) vide OM dated 03.01.2008. However, on 17.10.2008, Indian Foreign Service Branch B (Recruitment, Cadre, Seniority and Promotion) Rules, 1964 [hereinafter referred to RCSP Rules, 1964] were amended providing that the vacancies in the Grade-I of General Cadre (Under Secretary) shall be filled by promotion of the employees working in integrated Grades-II & III of the General Cadre (Section Officers) only. Thus, the applicants contend that an avenue which had been in vogue for the last 45 years to opt for the post of Under Secretary at par with Section Officers was closed. The Members of the Stenographers Cadre approached this Tribunal by way of OA No. 2243/2008 which was dismissed solely for want of jurisdiction. Against the said order of the Tribunal, similarly situated applicants moved a Writ Petition bearing WP(C) No. 6697/2010 before the Hon'ble High Court of Delhi which was also dismissed vide order dated 22.11.2010. On 23.05.2012, one Suresh Kumar, a similarly situated person, preferred an OA bearing No. 2139/2012 before this Tribunal which, the present applicants claim, is pending adjudication. The applicants further submit that in the Circular dated 02.09.2013 of the Ministry of External Affairs (respondent No. 1), the crucial dates of eligibility have been fixed as 01.12.2008 for the select list of 2009, 01.12.2009 for the select list of 2010 and 01.12.2010 for the select list of 2011. This, the applicants allege, has been done deliberately to deprive the Private Secretaries who otherwise would have become eligible to be promoted as Under Secretary had the crucial dates be fixed as 01.07.2008 as per the then RCSP Rules, 1964.
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The applicants filed a representation in September, 2013 and in response thereto the respondents sent an email dated 19.09.2013 informing that the last date of filling up the application online was extended to 22.09.2013. The applicants allege that they have been discriminated by fixing the date of eligibility to their exclusion.
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The applicants, in the second place, state that the Limited Departmental Competitive Examination for Section Officers and Departmental Competitive Examination for Cipher Assistants are open examinations and no classification between the...
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