AI Structured Summary
Not yet generated for this judgment
Judgment
O R D E R
Hon'ble Mr. P. Madhavan, Judicial Member –
This is an Original Application filed by the applicant seeking the following reliefs:
“(a)Issue necessary directions to the respondents to consider the applicant for appointment to the General category vacant post of Technician (T-1) occasioned and grant appointment to her as Technician (T-1) forthwith or within a time limit to be fixed by this Hon’ble Tribunal before the expiry of the validity of the select list.
(b)Declare that the applicant is eligible and entitled to be considered and appointed against the general category vacant post of Technician occasioned on resignation of Sri Ajaykumar Parida at the earliest, without any delay and as mandated in Annexure A4 without any discrimination.
(c)Issue necessary directions to the respondents not to issue any further proceedings to draw up fresh select list/fresh panel to the post of Technician (T-1) with CMFRI till the applicant is appointed to the post of Technician in the general category and pending consideration of this Original Application.
(d)Issue necessary directions to the respondents that the validity of the select list be kept intact and would not expire pending consideration of this Original Application.
(e)Award cost of these proceedings.
And
(f)Grant such other and further reliefs as this Hon’ble Tribunal deems fit and proper in the interest of justice.”
The applicant in this case had applied for the post of Technician (T-1) grade in category-1 which was notified on 16.1.2016 by the 3rd respondent. The applicant had performed well in the examination and the respondent No 3 had published the provisional merit list and reserve list of candidates prepared which is produced as Annexure A2. The applicant was included in the reserve list as serial No. 2 against general category. According to the applicant serial No. 2 in the merit list K.B.J. Prasanna Rani did not join the service and serial No. 3 Ajay Kumar Parida joined the service but resigned from the post within a short period of his joining. Against the non-joining of vacancy of K.B.J. Prasanna Rani one Menaka Das from the reserve list (OBC category) was given appointment. Another candidate at serial No. 3 in the OBC category though joined the post tendered her resignation for taking up a better employment. According to the applicant she is the first general category candidate included in the reserve list as per Annexure A2. She should have been considered for appointment from the reserve list in the vacancy arose because of the resignation of Shri Ajaykumar Parida. The applicant mainly relies on Annexure A4 OM issued by DoP&T dated 13th June, 2000 for supporting her claim. According to her the said OM and principles laid down in it is applicable to respondent No. 3 also. When she came to know the appointment of one Menaka Das from the reserve list the applicant approached the 3rd respondent to grant appointment to her in the vacancy arose due to the resignation of Shri Ajaykumar Parida but no action was taken by the respondents. No fresh panel of Technician is available now and she is entitled to get the appointment.
The respondents entered appearance and filed a detailed reply statement stating that the post of Technician (T-1) except Fabrication Staff and Fishing Vessel Crew were abolished by the respondents and there is no possibility for appointment of the applicant as claimed by her. Except Fabrication Staff and Fishing Vessel Crew all other appointments to Technician-I was considered as a last batch and no further appointment can be made. It is also submitted that as per decision dated 19.7.2018 [Annexure R3(a)] and Annexure R3(b) dated 25.7.2019 the post of Technician-I is abolished and a vacancy which arose in 2019 i.e. after 25.7.2019 was used for appointment again. They admitted that the vacancy arose due to non-joining of K.B.J. Prasanna Rani was given to one Menaka Das from reserve list. The vacancy arose due to the resignation of Smt. Ambily M.N. on 23.2.2019 and Shri Ajay Kumar Parida on 23.3.2019 could not be filled up due to the abolition of the posts. It is not correct to say that the respondents have not considered the representation of the applicant in this case. They also admitted that one Ramya Unnikrishnan had filed OA No. 500 of 2019 before this Tribunal claiming appointment against the OBC category for the post of Technician-I which became vacant due to the resignation of one Smt. Ambili M.N. and the above claim was allowed by this Tribunal. The respondents have filed OP (CAT) No. 186 of 2020 and the Hon’ble High Court has stayed the order and the matter is pending adjudication before the Hon’ble High Court. Hence, the OA cannot be considered.
The applicant filed a rejoinder along with the copy of the judgment in OP (CAT) No. 186 of 2020 dismissing the OP (CAT) as Annexure A14. In the meanwhile the respondents have notified for recruitment to Technician-I post as per Annexure A15 notification dated 18.12.2021. The applicant herein had sought for a stay of the above recruitment by filing MA No. 67 of 2022. The respondents opposed the same stating that the recruitment is going to be undertaken on an all India basis and any stay at this point of time will cause irreparable injury to others.
Counsel for the applicant has produced a copy of the earlier judgment of this Tribunal in OA No. 500 of 2019 as Annexure A3(g) and contended that this is a case filed by another person in the reserve list for the post of Technician-I and she is also similarly placed as that of the applicant in OA No. 500 of 2019 and she is also entitled to get the benefit of the said judgment even though she is not a party to the same. The Tribunal in this case has considered the objections raised by the respondents and found that the Official Memorandum issued by the DoP&T dated 13.6.2000 squarely applies to her case also and ICAR is also bound by the said principles laid down by the DoP&T which is the nodal agency in all these cases. Even though the respondents would contend that the post of T-1 except the Fabrication Staff and Shipping Vessel Crew were abolished, the decision of the ICAR taken in its 241st meeting shows that the recruitment to the erstwhile Technician-I for which requisition have been sent to ASRB except the post of Technician-I under Fabrication Staff as mentioned above and some posts of Fishing Vessel Crew shall be the last batch directly recruited Technician (T-1) in ICAR. From this it can be seen that there is no ban in appointment of the select list prepared for appointment in Technician-I in this case and it affects only future appointments. The Tribunal in its earlier order had considered all the above objections raised by the respondents and found that the applicant therein one Ramya Unnikrishnan in the reserve list is entitled for appointment to the post of Technician-I in the vacancy which arose out of resignation of one Ambily M.N. The applicant in this case is also similarly placed and she belongs to the general category and she is rank No. 2 in the reserve list. There is no explanation offered by the respondents why she is not granted appointment as claimed by her. Since one Menaka Das and Remya Unnikrishnan were already appointed from the reserve list it would be discriminatory to avoid the applicant alone stating that the posts are abolished. The decision of this Tribunal in OA No. 500 of 2019 is squarely applicable to the dispute in this case and the applicant is also entitled to be considered for appointment in the vacancy which arose due to the resignation of one Ajay Kumar Parida which arose on 23.3.2019.
In the result we hereby direct the respondents to consider the case of the applicant in the light of the decision rendered in OA No. 500 of 2019 dated 28.11.2019 for appointment as Technician-I against the vacancy which arose due to the resignation of one Ajay Kumar Parida and pass appropriate orders within a period of three months from the date of receipt of a copy of this order.
The Original Application is disposed of as above. Consequently, MA No. 180/67/2022 is closed. No order as to costs.