Tribunals and CommissionsSingle Bench(2022) 12 CAT CK 0418

Sujithlal R. L. vs Union Of India & Ors.

Central Administrative Tribunal · Decided on 27 December 2022

HON’BLE JUDGES
K.V. Eapen, Administrative Member
CASE NUMBER
O.A No.180/00736/2022

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Judgment

17 paragraphs · 591 words

Per: K.V. Eapen Member, Administrative Member

Heard Shri.M.V.Thamban, learned counsel for the applicant.

M.A.No.180/1073/2022 for production of Annexure A9 document is allowed.

2.

Learned counsel for the applicant submits that the applicant was waiting for the call for medical examination and document verification after he had cleared the Physical Efficiency Test pursuant to Annexure A9 Centralized Employment Notice dated 10.02.2018. However, no such intimation or message was sent to his mobile number or e-mail address as mandated in the paragraph 11 in the Centralised Employment Notice (CEN) No. 02/2018 at Annexure A9. He submits that he was, therefore, not able to appear for the document verification on the due date as had been finalised by Annexure A4 notice on the website. He requests that his representation at Annexure A6 and Annexure A7 be considered by the Chairman, RRC, Chennai and, meanwhile, as an interim relief he asked that one vacancy pursuant to the notification at Annexure A9 be kept vacant.

3.

Learned SCGSC Smt. O. M. Shalina takes notice for the respondents. She submits that on the contrary the applicant had been intimated regarding document verification on 13.04.2022. She produces a record to establish that an SMS was indeed sent to the registered mobile number of the applicant on that date intimating him to check the website to note the date of document verification and call letters and instructions. She also draws attention to paragraph No. 1.9 of instructions at Annexure A9 where it has been clarified to the candidates that the details of exams as well as e-Call letters has to be downloaded only from the websites of the RRBs concerned. Therefore, it was the duty of the applicant to check the website for these purposes. The applicant had been clearly informed about this by SMS on 13.04.2022 and it is therefore incorrect to state that the respondents had not intimated him within the due time.

4.

After hearing both sides, I do not find that the balance of convenience lies in passing any order regarding keeping a vacancy of a Level-1 post consequent to the Annexure A-9 Notification. It is only directed that the respondents may consider the representations submitted by the applicant at Annexure A6 and Anneuxre A7 within a period of one month from the date of receipt of a copy of this order and dispose of the same by a self contained speaking order.

5.

The O.A is disposed of as above. No order as to costs.

List of Annexures

Annexure A1 – True copy of the Centralized Employment Notice (CEN) No.RRC-01/2019.

Annexure A2 – True copy of the E-Call Letter for Computer Based Test issued to the applicant for the CEN 02/2018-Level 1 Post.

Annexure A3 – True copy of the e-mail communication issued by the Chairperson of the Railway Recruitment Board to the applicant on 10.03.2019.

Annexure A4 – True copy of the notice vide CEN No.02/2018 dated 08/12.04.2022 issued by the 3 respondent.

Annexure A5 – True copy of the notice No.CEN No.02/2018 dated 03.10.2022 issued by the 3 respondent.

Annexure A6 – True copy of the representation dated 10.11.2022 of the applicant before the 3 respondent.

Annexure A7 – True copy of the representation dated 28.11.2022 of the applicant before the 3 respondent.

Annexure A8 – True copy of the screen shot of the SMS sent to the candidate for Document Verification.

Annexure A9 – True copy of the relevant portion of the Centralized Employment Notice (CEN) No.02/2018 dated 10.02.2018 issued by the Railway Recruitment Boards, Ministry of Railways, Government of India.