CWP No.17336-CAT of 2002 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CASE NO.: CWP No.17336-CAT of 2002
DATE OF DECISION: February 26, 2009
GARIB DASS ...APPELLANT
VERSUS
THE UNION OF INDIA & OTHERS ...RESPONDENTS
CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA.
HON’BLE MS. JUSTICE NIRMALJIT KAUR.
PRESENT: NONE FOR THE APPELLANT.
MR. ANIL RATHEE, CENTRAL GOVT. COUNSEL
FOR RESPONDENTS NO.1 & 2.
ASHUTOSH MOHUNTA, J.(ORAL)
The challenge in this writ petition is to the order dated
13.2.2002, passed by the Central Administrative Tribunal, Chandigarh
Bench, Chandigarh (for short ‘the Tribunal’) vide which the Original
Application filed by the petitioner challenging the selection of respondent
No.3 for the post of regular Mazdoor was dismissed.
Briefly the facts of the case are that Union of India
requisitioned the names of suitable candidates for three posts of Mazdoor
reserved for SC/ST in the pay scale of 750-940/- vide requisition dated
26.2.1992. As per the requisition (Annexure P-1) one post was reserved for
ST and two posts were reserved for SC category. The petitioner alongwith
other eligible candidates applied for the post of regular Mazdoor. It is the
case of the petitioner that he alongwith Kasturi Lal, Madho Ram and
Joginder Singh, respondent No.3 was selected, but despite that he was not
given appointment. It was further contended that respondent No.3 Joginder
Singh did not belong to the SC category and hence his selection be quashed.
Reply was filed on behalf of Union of India wherein it was
CWP No.17336-CAT of 2002 -2-
averred that the petitioner was never selected for the post of regular
Mazdoor. It has been further averred that as far as respondent No.3
Sh.Joginder Singh is concerned, he did belong to the SC Category, as is
clear from the Certificate (Annexure P-12). The Tribunal after going
through the averments made by the petitioner as well as by the respondents
dismissed the Original Application by holding that the certificate (Annexure
P-12) clearly shows that Joginder Singh belongs to Ramdasia Caste which is
a recognized Scheduled Caste.
We have gone through the writ petition as well as heard
Sh.Anil Rathee, Central Government Counsel.
A perusal of the certificate (Annexure P-12) clearly establishes
that respondent No.3 Joginder Singh belong to Ramdasia Caste and hence
was eligible to be considered for appointment as regular Mazdoor. The
averment of the petitioner that respondent No.3 does not belong to
Scheduled Caste category is absolutely false. Apart from the above, a
perusal of the reply filed on behalf of respondent No.1 & 2 shows that the
petitioner was never selected for the post of regular Mazdoor, but infact his
name was kept in the reserved list and he could only have been appointed if
any of the selected candidates did not join the post. In the present case as
all the selected candidates joined their posts, hence there was no vacancy
and the petitioner obviously could not have been appointed.
In view of the above, we find no merit in the writ petition and
the same is dismissed.
(ASHUTOSH MOHUNTA)
JUDGE
February 26, 2009 (NIRMALJIT KAUR)
Gulati JUDGE