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2024 Supreme(All) 2197

IN THE HIGH COURT OF ALLAHABAD
ARUN BHANSALI, C.J., VIKAS BUDHWAR, J.
Amit Chaurasiya and Another – Petitioners
Versus
Union of India and Others – Respondents
Writ (A) No. 7830 of 2023
Decided On : 23-08-2024

Advocates:
Advocate Appeared:
For the Petitioner: Siddharth Khare
For the Respondent: Manoj Kumar Singh

The principle of res judicata applies, preventing the applicants from re-litigating their claims after failing to challenge earlier Tribunal decisions.

Headnote:(A) Central Administrative Tribunal Act, 1985 - Jurisdiction and powers of the Tribunal - The applicants challenged the Tribunal's orders denying them the opportunity for document verification and medical tests after being marked absent despite prior notifications. The Tribunal found that the applicants were adequately informed and had multiple opportunities to appear but failed to do so. (Paras 1, 10, 19, 28)

(B) Res Judicata - The principle of res judicata applies as the applicants did not challenge the earlier orders dismissing their applications, which attained finality. The subsequent application was deemed not maintainable. (Paras 22, 25)

Facts of the case:
The applicants applied for Group 'D' posts under a recruitment notification, cleared the necessary tests, but claimed they were not informed about the document verification and medical tests, leading to their absence. They later filed multiple applications challenging the Tribunal's decisions.

Findings of Court:
The Tribunal's findings that the applicants were informed and had opportunities to appear were upheld, and the subsequent application was dismissed as not maintainable.

Issues: The main issues were whether the applicants were adequately informed about the verification process and the applicability of res judicata to their claims.

Ratio Decidendi: The court ruled that the applicants had sufficient notice and opportunities to appear, and their failure to challenge earlier decisions barred them from further claims.

Result: Writ petition dismissed.

JUDGMENT :

VIKAS BUDHWAR, J.

1. Impugned in the present proceedings at the instance of Amit Chaurasiya and Shivam Singh are the orders of the Central Administrative Tribunal, Allahabad Bench, Allahabad (in short ‘Tribunal’) dated 10.08.2022 passed in O.A. No. 714 of 2022 (Amit Chaurasiya v. Union of India and Others) and O.A. No. 715 of 2022 (Shivam Singh v. Union of India and Others) whereby the prayer made for undertaking the exercise of document verification and medical test and upon being successful, grant of appointment order was denied and also the order dated 27.03.2023 passed in O.A. No. 982 of 2022 (Shivam Singh and Another v. Union of India and Others) wherein the challenge raised to the order dated 06.09.2022 was declined.

2. The case of the original applicants before the Tribunal was that a notification was published by the Railway Recruitment Boards, Centralised Employment Notice (CEN) No. 02 of 2018 inviting online applications from eligible candidates for recruitment on various posts in Level 1 to 7th CPC Pay Matrix in various units of Indian Railways. The original applicants claim to have applied under OBC category for Group ‘D’ post. Admit card is stated to have been issued on 06.12.2018/04.12.2018. The original applicants further claim that they appeared in the Computer Based Test Examination and they were declared successful and thereafter admit cards issued to the original applicants to appear in physical efficiency test on 05.04.2019 which the original applicants claim to have cleared. It is the allegation of the original applicants that they were waiting for a written communication to be made for document verification and medical test but the applicants were not informed and they were totally unaware of the date on which they were to appear. The original applicants further claim to have preferred application/ representation on 25.06.2022 which remained unheeded. On gathering knowledge that first round of document verification and medical test was to be held on 16.08.2022 and they were invited to appear in the same, so the original applicant No. 1 preferred original application, O.A. No. 714 of 2022 (Amit Chaurasiya v. Union of India and Others) followed by the original application no. 2, O.A. No. 715 of 2022 (Shivam Singh v. Union of India and Others). The original applications came to be dismissed on 10.08.2022.

3. Thereafter on 29.8.2022, the original applicants claim to have represented before the respondents for according permission for medical examination and document verification whereupon on 06.09.2022, an order is stated to have been passed by the Chairman Railway Recruitment Cell North Central Railway, Allahabad denying the said request.

4. Assailing the said order, the original applicants preferred O.A. No. 982 of 2022 (Shivam Singh and Another v. Union of India and Others) seeking following reliefs:

    “(i) That this Hon'ble Court may graciously be pleased to quash and set-aside the impugned order dated 06.09.2022 passed by Respondent No. 2 qua to the Applicants.

    (ii) That this Hon'ble Court further be pleased to direct the Respondent No. 2 to invite the Applicants for document/certificate verification and medical test, if applicants stands on merit to give appointments in pursuance of the advertisement dated 10.02.2018.

    (iii) That this Hon'ble Court may further be pleased to pass such other and/or further order as deem fit, proper and necessary in the circumstances of the case.

    (iv) award costs to the Applicants.”

5. The Tribunal on 03.11.2022 passed an interim order. Relevant extract thereof is quoted herein-under:

    “Taking into consideration the nature of the prayer for interim relief when there is specific version of the applicants that they did not receive proper information and due to this reason, they could not appear for document verification, thus, the Court is of the view that interim relief claimed in the matter is liable to be granted to the applicants as granting the IR at this stage will not res

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