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2012 Supreme(Del) 1134
High Court of Delhi
BADAR DURREZ AHMED, V.K. JAIN, JJ.
Deep Chand
Versus
Union Of India & Others
W.P.(C) 7615 of 2011
Decided On : 27-04-2012
For the Appellants:K. Venkatraman (DHCLSC), Advocate.
For the Respondents:B.V. Niren, CGSC with Utkarsh Sharma & R1 to R4 -Prasouk Jain, Advocates.
The central legal point established in the judgment is the importance of a clear finding on the participating office in the Central Secretariat Clerical Service in determining eligibility for the examination.
Headnote:
Eligibility - Central Secretariat Clerical Service - Clerks Grade Departmental Examination, 2005 - [Eligibility] - [Central Secretariat Clerical Service] - [Conditions of Eligibility: (i) Group ‘D’ employees holding Group ‘D’ post on regular basis of any of the above mentioned services/Ministry/Offices shall be eligible to appear for vacancies existing only in their respective service/Ministry/Office. (iii) Length of Service: The candidates should have rendered on 1.8.2005 not less than 5 years of approved and continuous service, as Group ‘D’ employees or in any higher grade in the Ministries/Offices participating in the Central Secretariat Clerical Service scheme or Armed Force Headquarters Clerical Service and/or Inter services Organization or in the Ministry of External Affairs or its Mission abroad. Selection of Candidates: A candidate must submit his application through the Head of his department or office concerned who will complete the endorsement at the end of the application form and forward it to the Commission. It shall be the responsibility of the Department or offices concerned to ensure eligibility of the candidates as laid down in para 3 and all application received through department or office by the closing date shall be considered as eligible by the Commission. NOTE: THIS EXAMINATION IS MEANT ONLY FOR THE PERSONS WORKING AS GROUP ‘D’ EXMPLOYEES IN VARIUOS OFFICES OF GOVT. OF INDIA WHICH PARTICIPATES IN CSCS, AFHQ, IFS (B). THE APPLICATION WILL BE CONSIDERED ONLY IF THEY ARE FORWARDED THROUGH THE OFFICES PARTICIPATING IN THESE CADRES. THE APPLICATION OF ALL OTHER CANDIDATES WILL BE SUMMARILY REJECTED.]
Fact of the Case:
The petitioner, a Group ‘D’ employee, applied for the post of Lower Divisional Clerk (LDC) but was deemed ineligible by the Department of Agriculture and Cooperation due to the office where he was working not being considered a participating office of Central Secretariat Clerical Service.
Finding of the Court:
The court found that the Tribunal had not provided a clear finding on whether the Directorate of Plant Protection, Quarantine and Storage, Faridabad or its Headquarter was the participating office in the Central Secretariat Clerical Service, and remanded the matter to the Tribunal for a categorical finding on this crucial aspect.
Issues: The eligibility of the petitioner for the post of LDC in the Central Secretariat Clerical Service and the lack of a clear finding on the participating office in the Central Secretariat Clerical Service.
Ratio Decidendi: The court's decision was influenced by the lack of a clear finding from the Tribunal on whether the Directorate or its Headquarter was the participating office in the Central Secretariat Clerical Service, which was crucial in determining the petitioner's eligibility for the examination.
Final Decision: The court set aside the impugned order and remanded the matter to the Tribunal for recording a clear finding on the participating office in the Central Secretariat Clerical Service and then deciding the case based on that finding.
V.K. JAIN, J.
1. This writ petition is directed against the order dated 15.07.2011 passed by the Central Administrative Tribunal, Principal Bench, Delhi (hereinafter referred to as ‘Tribunal’), whereby OA No. 3303/2010 filed by the petitioner was dismissed. Brief facts giving rise to the filing of this petition are stated herein below:
On 10.2.1992, the petitioner was appointed as a Group ‘D’ employee (Messenger-cum-Cleaner) in the Directorate of Plant Protection, Quarantine and Storage and was posted at Locust out post Jaisalmer. On 16.4.1999, he was transferred to the Central Integrated Pest Management Centre (CIPMC) at Faridabad. The Locust out post as well as CIPMC formed part of the Department of Agriculture and Cooperation in Ministry of Agriculture. Pursuant to an advertisement issued by the Staff Selection Commission (SCC) to hold departmental examination from Group ‘D’ employees, the petitioner applied for the post of Lower Divisional Clerk (LDC) and was declared qualified. The Department of Agriculture and Cooperation, however, took the view that since the Office of CIPMC, where the petitioner was working, was not a participating office of Central Secretariat
Clerical Service (CSCS), he was not eligible to appear in the examination conducted by the SSC. The Tribunal, observing that only the Ministries, Departments and Attached Offices are considered as participating offices of Central Secretariat Clerical Service and the Field Offices under them are Subordinate Offices, held that since the petitioner was not working in a participating office, he was not eligible for appointment as LDC in Central Secretariat Clercial Service. The Tribunal also observed that the Field Offices have their own Recruitment Rules governing promotion of Group ‘D’ staff as LDC.
2. It is not in dispute that at the time he applied for the post of LDC pursuant to the advertisement issued by the SSC, the petitioner was posted in CIPMC, Faridabad. Vide Office Memorandum dated 18.10.2004, he was given work relating to cleaning of vehicles of Headquarter in addition to his own duties at CIPMC, Faridabad, till further arrangements were made. On 8.11.2005, the petitioner was posted in the Headquarter of Directorate of Plant Protection, Quarantine and Storage, Faridabad. The examination for the post of LDC was conducted on 18.12.2005. The petitioner was posted in the Headquarter at that time. Pursuant to our order dated 16.4.2012, the respondents have placed on record the advertisement issued by the Staff Selection Commissioner (SSC) for Clerks Grade Departmental Examination, 2005, for Group ‘D’ Staff. A perusal of the advertisement would show that a qualifying examination was held for recruitment to temporary vacancies reserved for regularly appointed Group ‘D’ staff in the Lower Division Grade of the (i) Central Secretariat Clerical Service, (ii) Armed Force Headquarters Clerical Service & (iii) Grade VI of the I.F.S. Branch ‘B’. The relevant Clauses of the advertisement read as under:
Conditions of Eligibility:
(i) Group ‘D’ employees holding Group ‘D’ post on regular basis of any of the above mentioned services/Ministry/Offices shall be eligible to appear for vacancies existing only in their respective service/Ministry/Office.
(ii) x x x x x
(iii) Length of Service: The candidates should have rendered on 1.8.2005 not less than 5 years of approved and continuous service, as Group ‘D’ employees or in any higher grade in the Ministries/Offices participating in the Central Secretariat Clerical Service scheme or Armed Force Headquarters Clerical Service and/or Inter services Organization or in the Ministry of External Affairs or its Mission abroad.
x x x x x
x x x x x
Selection of Candidates: x x x
(ii) x x x .
A candidate must submit his application through the Head of his department or office concerned who will complete the endorsement at the end of the application form and forward it to the Commission. It shall be the responsibility of the
