O.A. No. 669 of 1992. Case: Prasad Vikram Kanangpule and Ors. Vs Union of India (UOI) and Ors.. Central Administrative Tribunal
| Case Number | O.A. No. 669 of 1992 |
| Counsel | For Appellant: G.S. Walia, Adv. and For Respondents: V.S. Masurkar, Adv. |
| Judges | D.S. Baweja (A) and S.L. Jain (J), Members |
| Issue | Service Law |
| Judgement Date | September 10, 1999 |
| Court | Central Administrative Tribunal |
Judgment:
D.S. Baweja, Member (A), (Mumbai)
-
This application has been filed jointly by 8 applicants who are working as Khalasis in the pay scale of Rs. 750-940 in Car-Shed, Mumbai Central, Western Railway. The applicants state that they have undergone the training for a period of 3 years under the Apprentice Act, 1961 in Mahalaxmi Workshop of Western Railway and after successful completion of the training they have been awarded certificates. As per the applicants, though they were to be absorbed as Fitter in the pay scale of Rs. 950-1500 after completion of training, but since the vacancies were not available, in the interest of administration they were absorbed as Khalasis in Group 'D' in Car-shed in Mumbai Central as per the order dated 20.3.1990. On 20.2.1991 the respondents notified selection for the post of Fitter. The applicants represented against the same stating that since they have already passed the test of Fitter on successful completion of training under the Apprentice Act and were appointed in Group 'D' as a temporary arrangement, they are entitled to be appointed as Fitter against the vacancies for which notification has been issued. In this representation, it was also pointed out that in respect of some other employees who were similarly situated and were absorbed initially in Group 'D' as a stop gap arrangement have been subsequently appointed as Fitters when the vacancies were available. The respondents, however, did not respond to this representation and went ahead with the conducting of the selection. The applicants had no option but to appear in the selection under compulsion. All the applicants appeared in the selection but they have not been declared passed. Feeling aggrieved by the same, the present OA. has been filed by the applicants on 1.7.1992.
-
The applicants contend that they ought to be absorbed on the post of Fitter without subjecting them to the fresh test since they had been declared fit to hold the post of Fitter on successful completion of training under the Apprentice Act, 1961. The action of the respondents in subjecting the applicants to fresh test is therefore illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India. The applicants have also challenged the selection alleging that the same suffers from several infirmities, viz. (a) The applicants have stated that there was no Selection Committee nominated on the day when the written test was conducted (b) Seniority marks have not been taken into consideration while declaring the candidates eligible to be called for interview based on the written test, (c) The applicants have been illegally failed in the written test and those who have been passed in the written test have not passed on the basis of their merits or seniority, and (d) In the written test candidates have been given extra marks by way of modification without the approval of the Selection Committee. In view of these infirmities, the selection held is illegal, arbitrary and has been solely conducted with a view to favour some of the persons.
-
Based on the above pleadings, the applicants have sought the following reliefs: (a) to hold and declare that the applicants are entitled to be absorbed as Fitter without being subjected to test with all the consequential benefits as and when the vacancies arose, (b) to set aside the selection conducted for the post of Fitter.
-
The respondents have filed written statement opposing the OA. The respondents have strongly denied that the...
To continue reading
Request your trial