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2024 Supreme(Online)(CAT) 17009
CENTRAL ADMINISTRATIVE TRIBUNAL
Puducherry Unified Ministerial Clerks Association Rep By President K Manoharan – Appellant
Versus
Ut Of Pondicherry – Respondent
O.A./576/2020
The court upheld the amendments to recruitment rules for Assistants, emphasizing adherence to established procedures and consultations with UPSC, asserting the validity of late LDCE execution despite prior delays.
Headnote:(A) Government of Puducherry (Assistant) Recruitment Rules, 2012 - Original Applications challenging amendments and notifications for recruitment of Assistants through Limited Departmental Competitive Examination (LDCE) and Direct Recruitment (DR) - Allegations of arbitrary changes in promotion quotas and procedures. (Paras 1-3, 39)
(B) Legal principles governing amendments to recruitment rules - importance of consulting Union Public Service Commission (UPSC) and compliance with Department of Personnel and Training (DoPT) guidelines. (Paras 8, 35)
(C) Promotion eligibility criteria was changed without adhering to necessary guidelines, but the court upheld the validity of amendments following consultations. (Paras 24, 39)
Facts of the case:
The applicants challenged the recruitment amendments for the post of Assistant, prioritizing 100% promotion over LDCE and DR, claiming arbitrary actions by the respondents after extended delays in conducting LDCE. (Paras 3-36)
Findings of Court:
The court found no merit in the allegations, affirming the lawful nature of recruitment rules and the process for holding the LDCE with necessary consultations conducted. (Paras 39)
Issues: The main issues included whether the recruitment rule amendments were arbitrary and whether the conduct of LDCE was justified after significant delays. (Paras 36)
Ratio Decidendi: The court ruled that while amendments must comply with DoPT guidelines, the overall governance and adherence to rules were upheld, and the requirement for conducting LDCE was justified despite past delays. (Paras 39)
Result: Applications dismissed.
| Table of Content |
|---|
| 1. overview of original applications and recruitment rules. (Para 1 , 3) |
| 2. reliefs sought in original applications. (Para 2 , 6 , 8) |
| 3. challenging the recruitment rules (Para 4 , 5 , 10) |
| 4. role and advisory nature of upsc. (Para 11 , 12 , 24) |
| 5. legal precedents cited by applicants. (Para 18 , 19 , 20) |
| 6. upsc's involvement and response. (Para 30 , 31) |
| 7. final decision of the tribunal. (Para 38 , 39) |
ORDER
(Pronounced by Hon’ble Mr. Sisir Kumar Ratho, Member(A))
The instant batch of Original Applications have been filed assailing the Government of Puducherry (Assistant) Recruitment Rules, dt. 29.05.2012 and subsequent notifications dt. 16.02.2023 as well as notification dt. 14.03.2024 of Government of Puducherry for filling up posts of Assistants through Limited Departmental Competitive Examination (LDCE) and Direct Recruitment (DR) respectively under the said Recruitment Rules-2012. Since the issue involved and the subject matter as well as the relief prayed are similar, a common order is being passed in these OAs.
2. The applicants have sought the reliefs in these OAs as follows:-
“i. OA 576/2020 :-
a) Call for the records of the 2nd Respondent in G.O.Ms. No. 42/2012.- DP&AR notified on 29.5.2012 being the recruitment rule to the post of Assistant and the consequential recruitment notification in No: A- 34012/1/2023/DP&AR (Exam) Dated 16.2.2023 issued by the 2nd Respondent and to set them aside;
b) Consequently to direct the Respondents to consider the candidature of Applicants / UDCs for promotion to the post of Assistant from 2017, being the year in which they became eligible;
c) And to pass any other order(s) or direction(s) as deemed fit and proper in the circumstances of this case and thus render justice.
ii. OA 241/2023 :-
To call for the records relating to impugned I.D. NOTE/MEMORANDUM vide No. A- 34012/1/2023/DP&AR(Exam) dated 16-02-2023 issued by the 3rd respondent and QUASH and SET ASIDE the same and consequently direct the respondents to consider the representation dated 08-03-2023 submitted by the Applicants and other stake holders for filling up the 324 accumulated vacancies notified in the impugned Notification by way of promotion by conversion/diversion or by revising/amending the existing Recruitment Rules (RR) for the post of Assistant by 100% promotion from the feeder category post of UDC by dropping other two methods/modes of i.e., LDCE and Direct Recruitment so as to ensure career opportunities in feeder grade of UDCs and pass such further or other order as this Hon'ble Tribunal may deem fit and proper in the circumstances of case and thus render justice.
iii. OA 248/2023 :-
To call for the records relating to impugned I.D. NOTE/MEMORANDUM vide No. A-34012/1/2023/DP&AR (Exam) dated 16-02-2023 issued by the 3rd respondent and QUASH and SET ASIDE the same and consequently direct the respondents to take appropriate steps to amend the recruitment rules for the post of Assistant by strictly following DoPT guidelines and Pay Commission Recommendation and resubmit that proposal for amendment of Recruitment Rules for the post of Assistant to UPSC after attending queries raised by the UPSC in the return proposal on 15-11-2016 and also direct the respondents to the consider the representation dated 08-03-2023 submitted by the Applicants and other stake holders for filling up the 324 vacancies notified in the impugned Notification by way of promotion by conversion/diversion and pass such further or other order as this Hon'ble Tribunal may deem fit and proper in the circumstances of case and thus render justice.
iv. OA 257/2023 :-
a) Call for the records of the 2nd Respondent in G.O Ms. No.42/2012- DP & AR notified on 29.05.2012, being the recruitment rule for the post of assistant and the consequential recruitment notification in No.A- 34012/1/2023/DP&AR(Exam) dated 16.02.2023 issued by the 2nd Respondent and to set them aside
b) Consequentially Direct the Respondents to implement the amended RR as approved by the L
