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2008(8) Supreme 35
SUPREME COURT OF INDIA
S.B. Sinha and Cyriac Joseph, JJ.
Chief Executive Officer, N.S.S.O. & Ors. — Appellants
versus
Biswa Bhusan Nandi — Respondent
Civil Appeal No. 5304 of 2008
(Arising out of SLP (C) No. 5964 of 2006)
Decided on : 29-08-08
Facts of the Case :
Respondent an ex-service man joined Indian Air Force and rendered more than 15 years’ of service in Appellant National Survey Organization .A notification was issued by department of Personnel and in terms whereof, those candidates who were matriculate and having put in not less than 15 years’ of service in Armed Forces etc.were to be considered for appointment to any Group - C post to which essential qualification was graduation and where experience in technical or professional nature was not essential. Non consideration of applicant’s application for post of Data Entry Operator by appellant on ground that he was not having graduate qualification with mathematics or Statistics .Writ Petition thereagainst was allowed by High Court holding that respondent deserved to be accommodated for the post for which he had submitted application and if for some reason, it was not possible to appoint him in the post of Data Entry Operator, respondent may be accommodated on a suitable alternative post. An application was filed by appellant for extension of said period before High Court. A special leave petition was filed questioning correctness of judgment of High Court. Despite pendency of special leave petition, an application again was filed before Calcutta High Court for extension of time which was granted by High Court.
Findings of the Court :
Appellant nowhere took the stand that even upon grant of some training, respondent would not be able to perform the job of a Data Entry Operator. No case of appellant that there was no vacancy in any other post- Filing of an application for extension of time to comply with order of High Court by itself would not be a bar to appellant for filing a special leave petition; but in this case, an assurance was given to High Court that respondent shall be accommodated, despite filing of special leave petition. The promise made was absolute and unequivocal in nature. Hence held that it was not a proper case for exercise of discretionary jurisdiction under Article 136 of Constitution. No interference was called for with impugned judgment of High Court.
Result : Appeal dismissed.
JUDGMENT
S.B. Sinha, J. —
1. Leave granted.
2. Respondent joined the Indian Air Force on 22.2.1978. He rendered more than 15 years’ of service in the said organization having worked till 28.2.1993.
3. The Department of Personnel and Training issued a notification dated 12.2.1986 in terms whereof, those candidates who were matriculate and having put in not less than 15 years’ of service in Armed Forces etc. were to be considered for appointment to any Group - C post to which essential qualification is graduation and where experience in technical or professional nature is not essential.
4. Appellant herein -National Survey Organization is established under the Department of Statistics of the Government of India. The service conditions of its employees are governed by the Rules framed by the President of India in exercise of his power under the proviso appended to Article 309 of the Constitution of India. In terms of the said notification, amendment had been carried out in Ex-Servicemen (Re- employment in Central Civil Services and Posts) Rules, 1979.
In Rule 6 of the said Rules, after sub-rule (3), the following sub-rules were inserted:
“(4) For appointment to any reserved vacancy in Group ‘C’ posts, a matriculate Ex- servicemen (which term includes an ex-servicemen who has obtained the Indian Army Special Certificate of Education or the corresponding certificate in the Navy or the Air Force), who has put in not less than 15 years of service in the Armed Forces, of the Union may be considered eligible for appointment to the posts for which the essential educational qualification prescribed is graduation and where,—
(a) Work experience of technical or professional nature is not essential; or
(b) Though non-technical profession work experience is prescribed as essential yet the appointing authority is satisfied that the ex-serviceman is expected to perform the duties of the post by undergoing on the job training for a short duration.”
After Rule 6, the following rule was inserted :
“6-A. Lower Standard for selection:—In the case of direct recruitment, if sufficient number of candidates belonging to ex-servicemen are not available on the basis of general standard to fill all the vacancies reserved for them, candidates, belonging to the category of ex-servicemen may be selected under a relaxed standard of selection to make up the deficiency in the reserved quota a subject to the condition that such relaxation will not affect the level of performance by such candidates.”
5. Appellant organization issued a notification for filling up 56 vacancies for the post of Data Entry Operator, Grade B, pursuant whereto the respondent also applied. He was permitted to sit in the written examination. He was also interviewed.
An office memorandum was, however, issued on 12.2.1996 whereby he was denied appointment.
6. An original application was filed by the respondent before the Central Administrative Tribunal challenging the validity of the said order.
The Tribunal, by reason of a judgment and order dated 15.7.2003 dismissed the said application, stating :
“We have been taken through a notification passed by the Department of Personnel & Training. In the said notification it has been clearly stated that while a defence personnel has put in 15 years of service he can be considered for being employed in the post where graduation qualification is prescribed. So far as his employment is concerned, where the qualification is prescribed as graduation, the applicant can no doubt be considered, but in the instant case the respondents have prescribed the qualification of graduation with Mathematics or Statistics as one of the subjects. In the notification it was advertised that the person having graduate qualification with mathematics or Statistics shall be considered, but the applicant did not possess either qualification. Therefore, the respondents could not be found fault with for having not considered the applicant’s application for the post of Data Entry Operator.”
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