IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11094 of 2010(S)
1. UNION OF INDIA, REPRESENTED BY THE
... Petitioner
2. THE GENERAL MANAGER,SOUTHERN RAILWAY,
3. THE CHIEF PERSONNEL OFFICER,
4. THE CHAIRMAN, RAILWAY BOARD, RAIL BHAVAN
5. THE DIRECTOR/ESTT.(GP),RAILWAY BOARD,
Vs
1. SHRI T.JOHNSON, STAFF & WELFARE
... Respondent
For Petitioner :SRI.MILLU DANDAPANI
For Respondent :SRI.T.C.GOVINDA SWAMY
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY
Dated :25/11/2010
O R D E R
C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ.
----------------------------------
WP(C) No.11094 of 2010 (S)
---------------------------------
Dated, this the 25th day of November, 2010
J U D G M E N T
Ramachandran Nair, J.
Heard learned senior counsel for petitioners and learned
counsel appearing for respondent.
2. Order under challenge is the one issued by the Central
Administrative Tribunal declaring the respondent’s eligibility for
appointment to the post of Assistant Personal Officer in the quota
reserved for promotees. Admittedly, respondent is next in the list
for selected candidates eligible for appointment to the post on merit
basis. Total vacancies available are eight, out of which six vacancies
are to be filled up by merit quota and one from Scheduled Caste
community and another from Scheduled Tribe community. The
respondent happens to be 7th in the merit list and this position is
not disputed by the petitioners. However, according to the
petitioners, one Shri.P.Rajeswaran, who is a member of Scheduled
Caste community, had filed an O.A. challenging the recruitment
made in the year 2001, and the O.A was later allowed by the
Tribunal declaring his eligibility to be posted based on earlier
WP(C) No.11094/2010
-2-
selection. Since Shri.P.Rajeswaran is a member of Scheduled Caste
community, the post that has fallen vacant in the merit quota has to
be filled up by another member of Scheduled Caste community from
the select list is the case of the petitioners. However, finding of the
CAT is that the said person, Shri.P.Rajeswaran, though is a member
of Scheduled Caste community got selection in merit quota, and he
is not a person selected under the quota reserved for Scheduled
Caste community. So much so, the vacancy arising on account of
his getting posted based on earlier selection under orders of the
CAT in the O.A. filed is a vacancy available to candidates in the
merit list.
In our view, the CAT rightly held that the respondent being
next in the merit list is eligible to be appointed in the merit quota as
the last candidate from out of the six posts available for
appointment in merit quota.
Consequently, this writ petition lacks merit and is dismissed.
Sd/-
(C.N.RAMACHANDRAN NAIR, JUDGE)
Sd/-
(BHABANI PRASAD RAY, JUDGE)
jg //TRUE COPY//
PA TO JUDGE.