IN THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ADDITIONAL BENCH, AT BANGALORE
ORIGINAL APPLICATION NO. /2014 (SEL)
BETWEEN
ABC
S/o XYZ
Aged 36 years,
R/a. Official Colony Venkampeta
Parvathipuram (HO)
Dist- Vizianagaram 535522
Andhra Pradesh … APPLICANT
AND
- Union of India
Ministry of Railways
Room No 256-A, Rail Bhavan,
Raisina Road, New Delhi 110001
- Chairman,
The Railway Recruitment Board,
18 Millers Road,
Bangalore 560 046
- Senior Personnel Officer (M)
Head Quarters Office,
Personal Department,
Hubli 580 020
- Chief Personnel Officer
South Western Railway,
Head Quarters office
Hubli 580 020 … Respondents
MEM0RANDUM OF APPLICATION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985.
PARTICULARS OF THE APPLICANT
As shown in the cause title
Address for service
No.150/7, 10th Main, 4th Cross,
R.M.V.Extension, Sadashivanagar,
Bangalore 560 080
PARTICULARS OF THE RESPONDENTS
As shown in the cause title
- This application is filed against the order dated 17/01/2014 bearing No SWR/P.563/VIII/H&MI/MED/VOL.II. passed by the third respondent
(Annexure A1) thereby cancelling the offer of appointment made in favour of the applicant herein for the post of Health & Malaria Inspector, GR III. Copy of the original is herewith produced and marked as Annexure A1
The impugned order cancelling the offer of appointment is contrary to the records and the educational requirements stipulated in the employment notice dated 13/03/2010.
Hence, being aggrieved by the impugned order dated 17/01/2014 the, applicant has preferred this application.
- JURISDICTION OF THE TRIBUNAL
The applicant declares that the subject matter of the above said application is within the jurisdiction of this Tribunal.
- LIMITATION:
The cause of action arose on 17/01/2014. Hence, the applicant declares that the application is well within the limitation prescribed in section 21 of the Administrative Act, 1985.
- FACTS OF THE CASE.
- a) The applicant has completed his degree in Bachelor of Science with Mathematics, Physics and Chemistry as optional subjects and he has also completed his P.G.Diploma in Health Care–Physician’s Assistant, Osmania University and came out passed in First Division with Distinction. Copies of the Degree Certificate and the P.G.Diploma certificate are herewith produced and marked as Annexure A2 & A3.
- b) It is submitted that `P.G.Diploma in Health Care –Physician’s Assistant` course is equivalent to the course in `Diploma in Health Inspector`. The certificate dated 30/03/2009 issued by the Osmania University, Hyderabad to that effect is herewith produced and marked as Annexure A4.
- c) It is submitted that the second respondent issued employment notice dated 13/03/2010 for various posts including for the post of Health and Malaria Inspector,Gr.III in Pay Band-2, Rs.9,300-34,800 with grade pay Rs.4,200/-. Copy of the said employment notice is herewith produced and marked as Annexure A5.
- d) It is submitted that the educational qualifications/requirement for being selected for the post of Health & Malaria Inspector, Gr.III is that the candidate must be possessing degree in
“B.SC. Chemistry plus (a)1 year Diploma in Health/Sanitary Inspector or (b) 1 year National Trade Certificate (NTC) in Health/Sanitary Inspector awarded by National council for vocational training, Ministry of Labor and Employment Govt. of India, New Delhi.”
And further the candidate must be within the age limit of 18-33.
- e) It is submitted that the applicant being interested and eligible applied for the post of Health and Malaria Inspector, Gr.III as per the notification and thereafter as fixed by the respondents appeared for a written examination held on 12/02/2012.
- f) It is submitted that on 06/07/2012 the second respondent announced results of the written examinations and announced the names of qualified candidates which included the applicant herein and further directed them to appear before the second respondent on 13/08/2012 for document verification process. That, accordingly the applicant appeared before the second respondent- RRB, Bangalore and got his documents verified with the concerned official/s including the document at Annexure A4. Copy of the provisionally qualified list is herewith produced and marked as Annexure A6.
- g) It is submitted that thereafter on 13/11/2012 the second respondent announced the provisional list and along with other candidates recommended the name of the applicant to the fourth respondent - South western Railways for further course/appointment of the applicant. Copy of the recommendation is herewith produced and marked as Annexure A7.
- h) It is submitted that the third respondent based on the recommendation made by second respondent issued offer of appointment dated 19/12/2012 in favour of applicant and further directed me to appear for document verification and Medical examination before the third respondent at Hubli on or before 18/01/2013. Copy of the same is produced as Annexure A8
- j) It is submitted that applicant’s documents came to be verified on 9th and 10th January 2013 by the third respondent and upon verification it was orally informed to the applicant that the next course will be intimated to the applicant within a short period of time (within a week or two).
- k) It is submitted that thereafter the applicant has neither received the appointment order nor any communication from any of the respondents until the impugned order cancelling the offer of appointment dated 19/12/2012 issued in favour of the applicant herein.
- L) It is submitted that all the while the applicant has been corresponding with the respondents regarding the status of his appointment and also the criteria adopted in respect of other candidates in whose favour the appointment orders have been issued by the respondents pursuant to the employment notice at Annexure A1. Copy of the representation is produced as Annexure A9.
- m) It is submitted that on behalf of applicant one Mr. Jagadeswar made applications under the Right to Information Act seeking to know why appointment orders have not been issued in his favour and also what criteria been adopted by the respondents in issuing the appointment orders in respect of other candidates. Copies of the application/s made under RTI and the replies received are collectively herewith produced as Annexure A10.
- n) It is submitted that the criteria adopted by the respondents in issuing appointment orders in respect of other candidates are baffling to say the least. The basic requirement of they having acquired/fulfilled the qualifications as mandated in column no 19 for the post of Health & Malaria Inspector, GR.III has been given a go by while issuing appointment orders in their favour by the respondents. That, further one of the candidate K.Shivanna was not even eligible as on the date of the employment notice as required under General instructions 1.01 since, he had not even obtained his Diploma Degree as on the date of the employment notice and which came to be issued to him only in the year 2011. Documents obtained under RTI are herewith produced and marked as Annexure A11.
- p) That, the applicant has been deprived of his legitimate expectancy and equality of opportunity as envisaged under Article 16 of the Constitution of India; but however the respondents have issued appointment orders to several candidates based on diploma certificates issued by All India Institute of Local Self Government which institute is not recognized by UGC. Document obtained under RTI is herewith produced and marked as Annexure A12.
- q) The third respondent has cancelled the offer of appointment on a wrong and illogical notion of applicant not having the required educational qualifications as required under provisions of Para 163 of Indian Railway Establishment Manual Volume -1 reprint edition 2009 which is dehorse the employment notice dated 13/03/2010; the documents/certificates produced at Annexure A2,A3 and A4 are good enough for applicant to fall within the provisions Para 163 of Indian Railway Establishment Manual Volume -1 reprint edition 2009
- r) Hence, in the above circumstances the applicant being aggrieved by the impugned order at Annexure A1 is approaching this Hon’ble Tribunal for appropriate relief at the hands of this Hon’ble Tribunal.
- GROUNDS FOR RELIEF WITH LEGAL PROVISION
- i) The impugned order at Annexure A1 is highly arbitrary, Malafide and illegal and cannot be sustained in the eyes of Law.
ii)That, the applicant has been deprived of his legitimate expectancy and equality of opportunity as envisaged under Article 16 of the Constitution of India
iii) The impugned order is passed after one year from the date of verification of the original educational on which was done on 9th and 10th of January 2013.
- iv) The third respondent has cancelled the offer of appointment on an ill founded and illogical reasoning of applicant not possessing the educational qualifications in accordance provisions of para 163 of Indian Railway Establishment Manual Volume-1 . The said action of the third respondent needs stern consideration at the hands of this Hon’ble Tribunal since, the same on the face of it is illegal, arbitrary and writ large of malafides on the part of the respondents to say the least
- v) That, the alleged order is bald, baseless and ill founded to say the least and the same cannot be a sustained . The said order is passed without application of ones mind and also without following the due process of Law and procedure prescribed by itself.
- vi) The document produced at Annexure A4 issued by Osmania University, Hyderabad clinches the issue in favour of the applicant. The said university also finds its place in the list universities maintained by UGC.. The action of the respondents in cancelling/rejecting the offer of appointment needs to be dealt with the iron hands of this Hon’ble Tribunal. The respondents have no right to play with the career of the applicant; who though being very well qualified for the post of Health & Malaria Inspector has been wrongly deprived of his legitimate position of being selected to the post of Health & Malaria Inspector.
vii) The passing of the Impugned order has serious ramifications on the nature, dignity and career of the applicant for no fault of his more so; when he has got all the educational requirements as prescribed under employment notice 13/03/2010.
viii) The applicant successfully passed out the written examinations and also got all his documents verified at the hands of the third respondent; that during none of the above process was the applicant informed about there being any deficiency in his educational qualifications as required under the employment notice.
- ix) That, by the passing of the impugned order the applicant has been deprived of his legitimate expectancy and equality of opportunity as envisaged under Article 16 of the Constitution of India but, on the other hand respondents have issued appointment orders to several candidates based on the diploma certificates issued by All India Institute of Local Self Government an institute not recognized by UGC.
- x) The impugned order does not stand the test of doctrine of ‘Fair and reasonableness’ which has to be fallowed by the Union in passing any orders in as much as the basis for the same being reliance on provisions of para 163 of Indian Railway Establishment Manual Volume-1. A bare reading of the said para 163 makes it amply clear that the applicant has all the required educational qualifications for being issued with the appointment orders.
- DETAILS OF THE REMEDIES EXHAUSTED:
The applicant is constrained to move this application as there is no other alternate and efficacious remedy available to the applicant. The applicant after the passing of the impugned order has not filed any petition/Appeal before any authority/court.
- MATTERS NOT PREVIOUSLY FILED OR PENDING WITH OTHER COURT:
The applicant hereby declares that he has not previously filed any application, writ or suit regarding the matter in respect of which this application has been made and no case is pending before any other court or before any other Branch of this Tribunal.
- RELIEFS SOUGHT FOR
The applicant has filed this application for the following reliefs;
- For an order quashing the impugned order bearing No. SWR/P.563/VIII/H&MI/Mes/Vol.II. dated 17/01/2014 and passed by the third respondent (Annexure-A1)
- For an order or direction in the nature of mandamus directing the respondents to forthwith issue appointment order to the applicant as Health & Malaria Inspector,GR.III .
- For an order or direction in the nature of mandamus directing the respondents to treat the appointment of the applicant for the post of Health & Malaria Inspector, GR.III. from the month of January 2013 and release all the monetary benefits he would have been otherwise entitled to but, for the illegality committed by the respondents in wrongly depriving the applicant of his posting as Health & Malaria Inspaector, GR.III.
- Grant such other relief/s as this Hon’ble Tribunal deems fit in the facts and circumstances of this case
- INTERIM PRAYER
Pending disposal of the above application, the applicant most respectfully prays that this Hon’ble Tribunal may be pleased to pass an interim order of stay, staying the operation of the impugned order dated 17/01/2014 and bearing No. SWR/P.00/VIII/H&MI/Mes/Vol.II. (Annexure-A1) passed by the 3rd respondent and consequently direct the respondents to issue appointment orders to the applicant pending disposal of this application in interest of justice and equity
GROUNDS FOR INTERIM PRAYER.
The impugned order cancelling the offer of appointment has been issued after one year form the date of offer of appointment. Further, the impugned order at Annexure A1 is arbitrary, illegal and issued on an illogical and completely wrong understanding of the employment notice dated 13/03/2010 and provisions of para 163 of Indian Railway Establishment Manual Volume -1. The applicant is fully qualified for the said post of Health & Malaria Inspector, GR.III and the documents produced at Annexure A1,A2 and A3 speak for themselves about the educational qualifications of the applicant thereby making him entitled to the said post which has been wrongly deprived to him by the respondents. Hence, in the aforesaid circumstances it is just and necessary that pending disposal of this application this Hon’ble Tribunal be pleased to pass ex parte interim orders as prayed for in the interest of justice and equity.
- IN THE EVENT OF THE APPLICATION BEING SENT BY REGISTERED POST:
Not Applicable
- PERTICULARS OF POSTAL ORDER IN RESPECT OF THE APPLICATION:
- Name of the Bank on which drawn:
- Postal Order No. :
- Name of the issuing Post Office :
- Date of issue of Postal Orders :
- Post Office at which Place :
- List of documents :
As per the index.
VERIFICATION
I, ABCson of XYZ Aged about 36 years, SP, Ramanagaram District, Ramanagaram (Under order of Transfer dated 00/00/2013) do hereby verify that the contents of the paras 1 to 12 are true to the best of my knowledge and that I have not suppressed any material fact.
Bangalore Signature of the Applicant
Date: 19/02/2014
Advocate for Applicant
To,
The Registrar,
Central Administrative Tribunal
Additional Bench, Indiranagar,
Bangalore
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ADDITIONAL BENCH, AT BANGALORE
ORIGINAL APPLICATION No. /2014( Sel)
BETWEEN
ABC Applicant
AND:
Union of India and others Respondents
VERIFYING AFFIDAVIT
I, ABC, S/o Xyz, aged about 36 years, R/a, Official Colony Venkampeta, Parvathpuram (HO), Dist; Viziangaram- 535522, Andhra Pradesh, do hereby state on oath as follows
- I, state that I am the applicant in the above case and I am well conversant with the facts of the case. I am competent to swear to the contents of this Affidavit.
- I, state that the contents in para 1 to …… of the accompanying petition are true and correct to the best of my knowledge and information.
- I, state that the documents at Annexures A1 to …….. are true copies of the originals.
- I, state that what is stated above is true and correct.
Place: Bangalore
Date: 19/02/2014 DEPONENT
Identified by me
Advocate
No. of corrections
- PERTICULARS OF POSTAL ORDER IN RESPECT OF THE APPLICATION:
- Name of the Bank on which drawn:
- Postal Order No. :
- Name of the issuing Post Office :
- Date of issue of Postal Orders :
- Post Office at which Place :
- List of documents :
As per the index.
VERIFICATION
I, ABC S/o xyz, Aged about 36 years, R/a.
Official Colony Venkampeta Parvathipuram (HO) Dist- Vizianagaram
535522 Andhra Pradesh do hereby verify that the contents of the
paras 1 to 12 are true to the best of my knowledge and that I have
not suppressed any material fact.
Bangalore Signature of the Applicant
Date: 17/02/2014
Advocate for Applicant
To,
The Registrar,
Central Administrative Tribunal
Additional Bench, Indiranagar,
Bangalore
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ADDITIONAL BENCH, AT BANGALORE
ORIGINAL APPLICATION No. 00 /2014 (Sel)
BETWEEN
ABC Applicant
AND:
Union of India and others Respondents
INDEX
S.No Description Page Nos
- Memorandum of Application
- Verifying Affidavit
- Annexure A1 Copy of the Impugned Order dated
17/01/2014 passed by the 3rd respondent
- Annexure A2 Copy of the certificate in Degree of Science dated
04/07/2003 issued by Andhra University
- Annexure A3 Copy of the P.G.Diploma in Health Care-
Physician’s Assistant certificate dated 27/03/2008
issued by Andhra University.
- Annexure A4 Copy of the equivalence Letter/Certificate dated
30/03/2009 issued by Osmania University
- Annexure A5 Copy of the employment notice date 13/03/2010.
- Annexure A6. Provisonally qualified list
- Annexure A7. Copy of the recommendation to the 4th
- Annexure A8. Copy of offer of appointment issued in favour of the applicant.
- Annexure A9. Representation made by the applicant
- Annexure A10. RTI Application and replies received
- Annexure A11. Documents in respect of one DEF
- Vakalath
Bangalore
19/02/2013 Advocate for Applicant
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ADDITIONAL BENCH, AT BANGALORE
ORIGINAL APPLICATION No. /2014 (Sel)
BETWEEN
ABC Applicant
AND:
Union of India and others Respondents
SYNOPSIS
The applicant is challenging the communication/Order dated 17/01/2014 issued by the second respondent .
Dates and Events
- 13/03/2010 Employement notice came to be issued by the 2nd respondent
- 12/02/2012 Examination were conducted for the apaliacnt and other candidates at Bangalore
- 06/07/2012 : Examinations results announced
- 13/08/2013: Verification of documents by second respondent
- 13/11/2013 : Provisional selection list announced and recommended to third respondent for further action.
- 19/12/2012. Offer of appointment issued in favour of the applicant
- 9th &10th/01/2013. Documents of applicant verified.
- 17/01/2014 : offer of appointment cancelled stating applicant is not qualified as per Provisions of Para 163 of Indian Railway Establishment Manual Volume -1.
Place: Bangalore Advocate for the Applicant
Date: 15/04/2013
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ADDITIONAL BENCH, AT BANGALORE
ORIGINAL APPLICATION NO.348 of 2014 (SEL)
BETWEEN
ABC … APPLICANT
AND
Union of India & others … RESPONDENTS
REJOINDER BY THE APPLICANT TO THE REPLY STATEMENT FILED BY RESPONDENTS No.1 TO 4
The applicant above named respectfully submits as under:
- That the above application is filed by the applicant, challenging the impugned order bearing No.SWR/P.563/VIII/H&M1/Mes/Vol.II dated 17.01.2014 passed by the third respondent herein. It is submitted that the applicant reiterates the averments made in the application and further in response to the reply statement made by the respondents No.1 to 4 files the following rejoinder.
- It is submitted that the statements made at para 11 of the reply statement to the effect that that respondent No.2 himself should have rejected the candidature of the applicant herein, hence said recommendation was made inadvertently by respondent No.2 is on the face of it incorrect and baseless. It is submitted that document verification of the applicant was done on 13.08.2012 by respondent No.2 and the applicant produced originals of B.Sc Chemistry, PG Diploma in Health Care – Physician Assistant, which is equivalent to Diploma in Health Inspector. An equivalent certificate issued and certified by Osmania University was also produced by the applicant on the said date. The respondent No.2 after being satisfied with the documents produced and after holding the applicant eligible for the Health Inspector recommended the name of the applicant for the post of Health Inspector. Further documentary verification in respect of 28 candidates (Including 5 from waiting/standby list) was conducted by the respondent No 2 during the month of August 2012 (Annexure A6) and ultimately after being satisfied about their qualification names of 23 candidates were recommended (Annexure A7) the 5 rejected candidates are from the main list; this implies that a thorough and detailed verification was carried out before the it was finally recommended as per Annexure A7. Thus, the statement of applicant’s name being recommended inadvertently is concocted and false.
- The statement made at para 15 about one OPQ has obtained the necessary Diploma Certificate from NTC, Government of Andhra Pradesh, in the year 2011 and as such was eligible for the said post of Health Inspector is on the face of it is incorrect and false statement; point No.1.01 of the notification clearly states that as on the date of applying for the said post, the candidate should have all the required qualification in order to apply for the said post of Health Inspector.
- It is submitted that the respondents at para 19 of the reply statement have submitted that it is not binding on the respondents to consider equivalent certificate though the PG Diploma in Health Care-Physician Assistant offered by Osmania University is equivalent to the Diploma in Health Inspector. It is submitted that the respondents vide latest office order No.SCR/P-HQ/29/2014 dated 15.07.2014 have appointed one Mr. DEF for the post of Health & Malaria Inspector by taking into consideration the equivalent certificate taking equivalency to Diploma in Sanitary Inspector. Copy of the said order dated 15.07.2014 is produced herewith as Annexure A13.
- It is submitted that the respondents at para 19 of the reply statement have specifically state that “when the required qualification has been mentioned in the notification, the question of considering the equivalent qualification does not arise.” Now in the back ground of the said statement, the respondents cannot be permitted to blow hot and cold when candidates who were not possessing Diploma in Sanitary Inspector have been appointed by the very same respondents. In fact, the respondents who having issued similar/same notification as has been in the case of the applicant herein have gone forward and issued appointment orders to those of the candidates who are similarly placed like the applicant herein; but however have chosen to cancel and continue to oppose the appointment of the applicant. The document evidencing the said fact is herewith produced and marked as Annexure A14. Further similar illegalities in giving appointments to PQR and QRS are already produced as Annexure A10; the said National NTC is not recognized by the National Council for Vocational Training, Ministry of Labour and employement, Govt. of India, New Delhi which is one of the requirement of the employment notification.
- It is submitted that the respondents at para 22 of the objections have stated about the All India Institute of Local Self Government, being an institute recognized by the Govt. of Maharashtra and further the courses offered by it has been recognized by the Union of India. That, the respondents have neither provided the details of the same nor have produced any documents in support of the same except making the said vague statement. That, the applicant is now producing the responses issued by Ministry of Health and Family welfare and Ministry of Railways (Railway Board) to evidence the fact of recognition to said institute being under consideration only as Annexure A15
Date:12/11/2104 Advocate for the Applicant
Bangalore
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ADDITIONAL BENCH, AT BANGALORE
ORIGINAL APPLICATION No. 00/2014( Sel)
BETWEEN
ABC Applicant
AND:
Union of India and others Respondents
VERIFYING AFFIDAVIT
I, ABC S/o XYZ, aged about 36 years, R/a, Official Colony Venkampeta, Parvathpuram (HO), Dist; Viziangaram- 535522, Andhra Pradesh,now in Bangalore do hereby state on oath as follows
- I, state that I am the applicant in the above case and I am well conversant with the facts of the case. I am competent to swear to the contents of this Affidavit.
- I, state that the contents in para 1 to 6 of the accompanying Rejoinder petition are true and correct to the best of my knowledge and information.
- I, state that the documents at Annexures A13 to A15 are true copies of the originals.
- I, state that what is stated above is true and correct.
Place: Bangalore
Date: 21/07/2015 DEPONENT
Identified by me
Advocate
No. of corrections
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE
REVIEW APPLICATION NO. / 2016
IN
ORIGINAL APPLICATION No. 00/ 2014
BETWEEN
ABC
S/o XYZ
Aged 36 years,
R/a. Official Colony Venkampeta
Parvathipuram (HO)
Dist- Vizianagaram 535522
Andhra Pradesh … APPLICANT
AND
- Union of India
Ministry of Railways
Room No 256-A, Rail Bhavan,
Raisina Road, New Delhi 110001
- Chairman,
The Railway Recruitment Board,
18 Millers Road,
Bangalore 560 046
- Senior Personnel Officer (M)
Head Quarters Office,
Personal Department,
Hubli 580 020
- Chief Personnel Officer
South Western Railway,
Head Quarters office
Hubli 580 020 … Respondents
MEMORANDUM OF REVIEW APPLICATION UNDER SEC 22 (3) (f) OF THE ADMINISTRATIVE TRIBUNALS ACT 1985
The applicant above named respectfully submits as follows :
- ORDER OF WHICH THE REVIEW IS SOUGHT FOR :
- Order dtd. 19-01-2016 (vide Ann – RA.1)
- Made in bearing No. O.A.00 / 2014
- Passed by this CAT
II LIMITATION :
The review is within the limitation prescribed under the CAT (Review Proceedings ) Rules 1986, under Sec. 21 of Administrative Tribunals Act 1985.
III FACTS OF THE CASE :
i.The applicant in this review application was the applicant in O.A. No. 00 / 2014, wherein he had sought for quashing of order dated 17/01/2014 bearing No SWR/P.563/VIII/H&MI/MED/VOL.II. passed by the third respondent (Annexure A1) thereby cancelling the offer of appointment made in favour of the applicant herein for the post of Health & Malaria Inspector, GR III. (Annexure A1)
- It is submitted that this Hon’ble Tribunal vide its order dated 19/01/2016 was pleased to dismiss the petition on the ground that, a candidate who has studied Chemistry as one of the optional subjects is not entitled for being appointed to the post of Health & Malaria Inspector, Grade III. It is submitted that there is an error apparent on the face of the said order dated 19/01/2016 since, the respondents themselves have in their statement of objections (Annexure R3) have admitted to the fact of candidates who have studied Chemistry as optional subjects being eligible for appointment to the post of Health & Malaria Inspector, Grade III. Therefore, in view of the same this Review Petition, seeking recalling the order made in O.A.00/2014 and for restoration of the same for hearing the O.A.. The copy of order made in O. A.00/2014 is produced herewith and marked as Annexure RA-1.
iii. It is submitted that a perusal of Annexure R-3 filed by the respondents makes it amply clear that, the applicant is eligible for consideration for the post of Health & Malaria Inspector, Grade-III.
- The dismissal of the application in OA No.00/2014 is also sought to be revived by way of this petition also on the ground of the impugned order at (Annexure A1) is passed not on the ground of applicant having not studied Chemistry as main subject. The said document is prime document, which ought to have been taken into consideration while disposing the O.A.
- That, it is not the case of the respondents that, Applicant candidature has been rejected on the ground of he not having studied tChemistry as main subject but, it was rejected on the ground of he having applied on an equivalent degree
- Therefore, the present review is filed for recalling of the order dated 19/01/2016 passed on OA 00/2014, rehear the matter and allow the application s prayed for. If the order is not reviewed and recalled, grave injustice will be caused to the applicant. Hence, this review on the following grounds.
- GROUNDS
- That the error apparent on the face of record is that if only this Hon’ble Tribunal had taken note of the documents produced by the respondents at Annexure R-3 and also the documents produced by the applicant along with the rejoinder; the order under review would not have been passed by this Hon’ble Tribunal.
- The order under review was passed only on the ground of applicant having studied Chemistry as optional and not as a main subject as required by the notification without taking into consideration the various documents including Annexure R-3 filed on record of OA 00/2014.
- That, it is not the case of the respondents that, Applicant candidature has been rejected on the ground of he not having studied tChemistry as main subject but, it was rejected on the ground of he having applied on an equivalent degree
- That the finding of this Hon’ble Tribunal is that, applicant is eligible to the post of Health & Malaria Inspector, Grade –III since, he has studied Chemistry as optional subject and not as main subject as required by the employement notice. The said finding on the face of it is erroneous and contrary to the facts and records of the case.
- PRAYER:
The applicant prays as under :
- Re-call the order dtd. 19-02-2016 made in O.A.No.00 / 2014 passed by this Hon’ble Tribunal and review the same.(Annexure RA-1)
- Allow the Review Application and consequently allow O.A. No. 00/2014 granting the relief sought for therein.
- Pass such other orders as this Hon’ble tribunal deems fit in the circumstances of the case, including the award of the costs of this application, in the ends of justice and equity.
Bangalore
Date 09/03/2016 ADVOCATE FOR THE APPLICANT
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE
REVIEW APPLICATION NO. / 2016
IN
ORIGINAL APPLICATION No. 00 / 2014
BETWEEN
ABC Applicant
AND:
Union of India and others Respondents
VERIFYING AFFIDAVIT
I, ABC, S/o XYZ, aged about 36 years, R/a, Official Colony Venkampeta, Parvathpuram (HO), Dist; Viziangaram- 535522, Andhra Pradesh,now in Bangalore do hereby state on oath as follows
- I say that I am the applicant in above case and I know the facts of case.
- I say that the averments made in paras I to V of the accompanying Review Application, are true to the best of my knowledge, belief and information, not suppressed any material facts.
- I state that the Annexure RA-1 is the Certified Copy.
Bangalore
Date 9/03/2016 Deponent.
Identified by me,
Advocate,
No. of corrections.
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE
REVIEW APPLICATION NO. / 2016
IN
ORIGINAL APPLICATION No. 00/2014
BETWEEN:
ABC … Applicant
AND:
The Union of India
& others. … Respondents
I N D E X
- Memorandum of Review Application
- Affidavit
- Annexure RA-1 :Copy of Order dtd. 19-01-2016
Bangalore
Date 09/03/2016 Advocate for Applicant
