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2016 Supreme(Mad) 873
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. TAMILVANAN, G. CHOCKALINGAM, JJ.
G. Krishnamoorthy - Petitioner
Vs.
Institution of Mechanical Engineers (India) & Ors. - Respondents
W.P. No. 30441 of 2015 and M.P. Nos. 1 and 2 of 2015
Decided On : 29-01-2016
For the Petitioner: Mr. R. Singgaravelan for Mr. M. Srividhya
For the Respondents: Mr. Sanjay Jain for Ms. M. Christella for R1, Mr. S. Makesh, ACGSC for R2 to R4
In service matters, a third party cannot be allowed to raise objections before the Central Administrative Tribunal.
Headnote:
IMPLEADING - SERVICE MATTERS - SRO-13E, SRO-191, SRO 66 - The petitioner sought promotion as Chargeman Grade II (Technical) based on LDCE results. The first respondent, an educational institution, sought to be impleaded in the case. The court held that the first respondent, as a third party, had no locus standi in the service matter. The court set aside the order to implead the first respondent but rejected the relief sought by the petitioner, directing the Central Administrative Tribunal to decide the matter on its merits.
Fact of the Case:
The petitioner sought promotion as Chargeman Grade II (Technical) based on LDCE results. The first respondent, an educational institution, sought to be impleaded in the case.
Finding of the Court:
The court set aside the order to implead the first respondent but rejected the relief sought by the petitioner, directing the Central Administrative Tribunal to decide the matter on its merits.
Issues: Whether the first respondent, as a third party, had locus standi in the service matter.
Ratio Decidendi: The first respondent, as a third party, had no locus standi in the service matter.
Final Decision: The court set aside the order to implead the first respondent but rejected the relief sought by the petitioner, directing the Central Administrative Tribunal to decide the matter on its merits.
S. Tamilvanan, J.
This Writ Petition has been filed by the petitioner, invoking Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order, dated 16.07.2015 on the file of the fifth respondent in M.A.No.310/00472/2015 in O.A.No.1665 of 2013 and quash the same and direct the respondents 2 to 4 herein to fill up the vacancy in the Grade of Chargeman Grade II (Technical) in the office of the fourth respondent, in accordance with the selection held in pursuance of the Notification, bearing No.1053, dated 21.06.2013 of the fourth respondent.
2. The brief facts of the Original Application is that the petitioner, who is working as Fitter Highly Skilled, took part in the Limited Competitive Departmental Examination (LDCE) on 28.09.2013, for the 25% of the vacancies in the cadre of Chargeman (Tech) to be filled by way of LDCE from amongst persons in all categories of skilled workers or equivalent and above with 2 years experience in the grade. The petitioner having fully qualified to take part in the examination, took part in the said LDCE examination, since he has obtained Diploma in Mechanical Engineering (part-time) through Polytechnic, recognised by the Government of Tamil Nadu and AICTE. The Diploma was obtained by the petitioner with due approval from the Department. In the LDCE held on 28.09.2013, the petitioner was declared as successful candidate in October 2013 and he was placed at Sl.No.3 under the merit quota, i.e., under UR-3. While the petitioner was expecting the official respondents to promote him as Chargeman against the third vacancy, the petitioner came to know that in view of certain directions issued by the Tribunal, some other candidates who had acquired certain educational qualification through distance mode from the Institute of Mechanical Engineering (India), which they claim to be equivalent to Diploma in Mechanical Engineering, the official respondents did not promote the petitioner to the post of Chargeman. Hence, the petitioner filed the Original Application in O.A.No.1665 of 2013, seeking a direction to the respondents to select the candidates for appointment to the post of Chargeman (Technical/Non-Technical), as per the LDCE held in October 2013, strictly on the basis of the Educational Qualification recognized and affiliated by the All India Council for Technical Education and in accordance with the principles laid down in O.A.No.1408 of 2012, dated 12.04.2013 and also the letter of the Ordinance Factory Board in Proc.No.2982/ LDCE/CM(T&NT) /2013A/NG, dated 12.09.2013.
3. While the above Original Application was pending for disposal, the petitioner filed a Miscellaneous Application, seeking for a direction to promote him against the third vacancy and the said application is still pending before the Central Administrative Tribunal. In the mean while, the first respondent Institute had filed a Miscellaneous Application (M.A.No.310/00472/2015) in the said Original Application before the Tribunal, seeking to implead themselves as one of the respondents.
4. The Central Administrative Tribunal, by the impugned order dated 16.07.2015, allowed the said application, aggrieved by the said order, the petitioner has filed the present writ petition, seeking for the relief as stated supra.
5. Mr. R. Singgaravelan, learned counsel appearing for the petitioner contended that the first respondent had sought to implead himself as a party, on the ground that the relief sought for by the petitioner before the Tribunal is against the candidates, who obtained their educational qualification, that was conferred by that Institute. Learned counsel for the petitioner further contended that the tribunal has failed to consider that the official respondents are empowered to prescribe necessary educational qualifications and hence, any candidate seeking the benefit of departmental examination/promotion, has to comply with the requirements pr
