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2019 Supreme(Del) 1627
IN THE HIGH COURT OF DELHI
VIPIN SANGHI, A.K. CHAWLA, JJ.
Union of India & Others – Petitioners
Versus
Himanshu Prabhakar & Others – Respondents
W.P.(C). Nos. 1738, 4711 of 2017
Decided On : 01-07-2019
For the Petitioner:Ravi Prakash, CGSC, Farman Ali, Kunal Bhargava, Akash Mohan, Ankur Chhibber, Advocates.
For the Respondent:V.S.R. Krishna, Prashanta Verma, Senior Central Govt. Counsel, Shalu Goswami, Advocate.
Headnote:
The Tribunal erred in allowing the Direct Recruits to provisionally participate in the LDCE. The Tribunal has no jurisdiction to interfere with the administrative decision taken by the government – not to relax the Recruitment Rules. The Tribunal, by stepping into the shoes of the Central Government, itself granted relaxation of the Recruitment Rules.
Fact of the Case:
The Direct Recruits, who were Assistants, were denied promotion to the post of Section Officers through LDCE, as they did not fulfill the eligibility criteria of having 5 years of approved service in the Assistants Grade of CSS. The Promotees, who were junior to the Direct Recruits in the Assistants Grade, had the requisite approved service of 5 years and were, thus, allowed to participate in the LDCE. The Direct Recruits made several representations seeking relaxation of the eligibility criteria to participate in the LDCE, but the petitioner- UOI refused to grant the said relaxation.
Finding of the Court:
The Tribunal erred in allowing the Direct Recruits to provisionally participate in the LDCE. The Tribunal has no jurisdiction to interfere with the administrative decision taken by the government – not to relax the Recruitment Rules. The Tribunal, by stepping into the shoes of the Central Government, itself granted relaxation of the Recruitment Rules.
Issues: 1. Whether the Tribunal erred in allowing the Direct Recruits to provisionally participate in the LDCE? 2. Whether the Tribunal has jurisdiction to interfere with the administrative decision taken by the government – not to relax the Recruitment Rules?
Ratio Decidendi: 1. The Tribunal erred in allowing the Direct Recruits to provisionally participate in the LDCE. The Tribunal has no jurisdiction to interfere with the administrative decision taken by the government – not to relax the Recruitment Rules. The Tribunal, by stepping into the shoes of the Central Government, itself granted relaxation of the Recruitment Rules. 2. The Tribunal has no jurisdiction to interfere with the administrative decision taken by the government – not to relax the Recruitment Rules.
Final Decision: The writ petitions were allowed and the impugned common order passed by the Tribunal in the aforesaid Original Applications was quashed leaving the parties to bear their respective costs.
JUDGMENT :
Vipin Sanghi, J.
1. The aforesaid writ petitions have been preferred by the petitioners to assail the common order dated 16.09.2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 2883/2015 and O.A. No. 2891/2015 respectively, preferred by the respondents/original applicants. The Tribunal has allowed the said Original Application and directed the petitioner- UOI to declare the LDCE results of the applicants within 90 days from the date of receipt of the certified copy of the order.
2. The respondents/original applicants are arrayed as respondents in both these writ petitions. The respondents/original applicants as well as the petitioners in W.P. (C) 4711/2017, on the date of filing of the O.A., were holding the substantive post of Assistants, or a post in the equivalent grade, in the Central Secretariat Service (CSS). The respondents/original applicants became Assistants as direct recruits through Combined Graduate Level Examination, 2010 result of which were declared on 07.01.2011. They shall be referred to as the Direct Recruits. They joined the services thereafter, from 30.05.2011 onwards. The petitioners in W.P.(C.) No.4711/2017, on the other hand, were Upper Division Clerks (UDC’s) who came to be promoted as Assistants in the CSS vide DoP&T O.M. dated 05.08.2010 on ad-hoc basis, & were brought in select list 2010 of Assistant’s vide O.M. dated 10.09.2013. They shall be referred to as the Promotees. The Direct Recruits were shown above the Promotees in the seniority list of the Assistants Grade of the CSS.
3. The CSS is governed by the Central Secretariat Service Rules, 2009, (hereinafter referred to as the „CSS Rules, 2009’). The CSS Rules, 2009 have been framed by the President in exercise of the powers contained in proviso to Article 309 of the Constitution. Some of the relevant provisions contained in these Rules are the following:
“2. Definitions-
(a) ……
(b) …...
(c) “approved service” in relation to any grade means;
(i) in respect of an officer recruited directly to that grade, period or periods of regular service rendered in that grade, including period or periods of absence during which he would have held a post on regular basis in that grade but for his being on leave or otherwise not being available to hold such post, from the first day of July of the year, following the year in which the examination for direct recruitment was held;
(ii)…..
x x x x x x x x x
12. Recruitment to the Section Officers’ and the Assistants’ Grade.-
(1) SECTION OFFICERS GRADE
(a) The regular vacancies in the Section Officers’ Grade shall be filled fifty percent through Limited Departmental Competitive Examination and fifty percent by appointment of persons included in the select list for the Section officers’ Grade.
(b) The rules for the Limited Departmental Competitive Examination referred to above shall be determined by regulations made by the Department of Personnel and Training and the allotment of candidates from the result of this examination to the various cadre units shall also be made by that department.
x x x x x x x x x
23. Power to relax- Where the Central Government is satisfied that the operation of any of these rules causes undue hardship in any class or category of persons or posts, it may dispense with or relax the requirement of the rule to such extent and subject to such conditions, as it may consider necessary.
24. Repeal and savings-(1) The Central Secretariat Service Rules, 1962 and regulations framed there under, as amended from time to time, in force before the commencement of these rules are hereby repealed subject to any notification, rule, regulation, order or notice issued, or any appointment or declaration made, or exemption granted or any penalty or fine imposed or any other thing done or any other action taken under the previous rules or regulations and in force immediately before such commencement shall so far as it is not inconsistent with the provisions of t
