CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH Review Application No. 180/00039/2017 in Original Application No. 180/00502/2015 &

M.A No.180/00526/2017 in RA 180/00039/2017 Monday, this the 2" day of January, 2018 CORAM:

Hon'ble Mr. U. Sarathchandran, Judicial Member Hon'ble Mr. E.K Bharat Bhushan, Administrative Member Union of India represented by the Secretary Ministry of Space, New Delhi — 110 001

2. The Secretary & Chairman Department of Space, Antarikh Bhavan New BEL Road, Bangalore — 560 094

3. The Director Vikram Sarabhai Space Centre Thumba, ISRO P.O Thiruvananthapuram — 695 022 Review Applicants (By Advocate: Mr.V.A.Shaji V e r S U S Bijoy.R S/o. Ramanandan, Contract Employee VS SC, Thiruvananthapuram, R/O T. C .2/3114 PLR 106 Panachamoodu Lane, Pattom P.O Thiruvananthapurarn 695 004 Respondent (By Advocate: Mr. P. Raveendran)

This Review Application having been heard on 19A2.2017, the Tribunal on 2.1.2018 delivered the following:

ORDER

Per Hon'ble Mr. U. Sarathchandran, Judicial Member -

Respondents in the Original Application have filed this Review Application seeking the review of the order of this Tribunal, after condoning the delay in filing this R.A recalling the order dated 23 .12.2016 and for re-hearing the Original Application on its merit.

2. The Original Application was filed by an Ex-servicernan who has applied for the post of Assistants under respondent no.3 notified as per Annexure A-2. He has sought the reliefs in the Original Application as under:-

"(i) To call for the records and to direct the respondents to accept Annexure Al certificate issued to the applicant on the basis of the Government letter and to allow the applicant to participate in the interview, (ii) To declare that the applicant is entitled to be a candidate for the post of Assistant, (iii) To declare that the applicant has sufficient qualification to be a candidate for the given post, (iv) To allow the candidates to appear in the interview, and also to inclue him in the rank list for selection, (v) Any other further relief or order as this Tribunal may deem fit and proper to meet the ends of justice, (vi) To declare that the applicant is fully qualified for the post (vii) To call for records leading up to the issuance of Annexure A5 rank list and to quash Atmexure AS as it is illegal to the extend it is not including sufficient number of Ex- servicemen candidates for filling the available vacancies as admitted by the respondents.

(viii) To direct the respondents to issue fresh rank list with sufficient number of Ex-Servicemen candidates in the main and stand by lists as required by the law.

3. The Tribunal vide Annexure RA( 1) order dated 23.12.2016 passed the following order as per Rule 6A of the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules 1979:

12. We direct the respondent to allow the applicant to appear in the interview subject to qualifications. in the written test. If applicant qualifies in both and get selected in the rank list, then relaxation of first class in graduation be applied as per Rule 6A of relaxed standard of selection. The applicant is eligible for selection as per Annexure A4. Annexure A4 certifies that he has a First Class Graduation Certificate.

4. According to the review applicants, as per the Recruitment Rules, the qualification for the post of Assistants is Graduation with first class. Applicant is having a first class Graduation certificate as per Annexure A-4 certificate. According to the review applicants there were 12 other Ex- servicemen as candidates for the aforesaid posts and if the applicant in O.A alone is considered, it will be doing injustice to the other Ex-servicemen who were not called for interview as they did not have the required first class though they are Graduates. According to the review applicants this would cause injustice to other Ex-servicemen who were not in the picture of this O.A and therefore, Annexure RA( 1) order needs a review.

5 have heard Shri.V.A.Shaji, ACGS