Jawari Lal vs C.G.M.,Telecom. & Ors on 16 July, 2008

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                 S.B.CIVIL WRIT PETITION NO.1593/2007
         Jawari Lal            Vs.     The Chief General Manager
                                       & Ors.

                    Date of Order           ::    16.7.2008


                HON'BLE MR. JUSTICE GOVIND MATHUR

      Mr. Rakesh Arora, for the petitioner.
      Mr. Jagdish Vyas, for the respondents.

                                 ...


         As per the provisions of          the Telecom Technical Assistant
Recruitment Rules, 2001 (hereinafter to be referred to as the Rules of
2001) the post of Telecom Technical Assistant (for short TTA) is to be
filled in 50% by direct recruitment, 10% by promotion from amongst
departmental employees and 40% by promotion through limited
departmental competitive examination.            To fill the 40% vacancies
relating to the departmental employees within the jurisdiction of the
Telecom District Engineer, Jaisalmer an examination was conducted by
the Assistant General Manager (Admn.) on 28.8.2005 and that was
qualified by the petitioner as a candidate belonging to schedules castes.
On not extending the appointment by way of promotion to him as TTA
the petitioner has preferred this petition for writ.


      As per the respondents out of the 15 posts of TTA in Jaisalmer
Small Switching Area 12 posts were vacant. Out of those 12 vacancies 6
posts were to be filled in by way of direct recruitment and 5 posts by
promotion through limited departmental competitive examination. One
vacancy was required to be filled in by promotion from amongst
departmental employees.      None except the petitioner qualified      the
examination for TTAs against 40% quota for departmental employees,
however, appointment was not given to him in view of the fact that as
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per applicable roster, the point No.7 was available to the scheduled
castes candidates and that could have not been satisfied before
exhausting the roster points No.1 to 6. It is stated at bar by learned
counsel for the respondents that even in general category nobody
qualified the TTAs examination concerned.


      The stand of the respondents that no person from general
category and OBC qualified the examination, therefore, the roster was
not operated is absolutely erroneous. The roster is made for effecting
implementation of reservation and not to make the reservation policy
unworkable. In the event of non-availability of general candidates the
respondents should have kept the first 6 points blank and should have
operated 7th point by giving appointment to the petitioner.


      In view of it, this petition   for writ deserves acceptance, and
therefore, the same is allowed.          The respondents are directed to
appoint the petitioner by way of promotion as TTA in Small Switching
Area, Jaisalmer as a consequent to his qualifying Limited Departmental
Competitive Examination for TTAs. The petitioner shall be entitled for
all consequential benefits. No order as to costs.

                                                    (GOVIND MATHUR), J.

Jgoyal