CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA/310/00830/2017 Dated this, the 8^th day of September Two Thousand Twenty Five CORAM : HON’BLE MR. M. SWAMINATHAN, Member (J)

HON’BLE MR. SISIR KUMAR RATHO, Member (A)

R.Naveen Raj, S/o. Shri. R. Rajan, Door No. 1/92, TNEB Camp, Emerald 643209 (The Nilgiris). …..Applicant By Advocate M/s. Ayyar & Iyer Vs.

1.Union of India, rep by, The Secretary to the Government of India, Ministry of Defence, South Block, DHQ (PO), New Delhi 110011.

2.The Director General of Personnel/CSCC, Engineer-in-Chief’s Branch, IHQ of MoD (Army), Kashmir House, Rajaji Marg, DHQ (PO), New Delhi 110011.

3.The Chief Engineer, HQ, Southern Command, Pune 411001.

4.The Chief Engineer, HQ Chennai Zone, Island Grounds, Chennai 600009.

5.The Commander Works Engineer, Wellington 643231. (The Nilgiris).

6.The Garrison Engineer, Wellington 643231. (The Nilgiris).

7.The Garrison Engineer, DSSC, Wellington 643231. (The Nilgiris).

8.Shri. A. Mathews, Mate (Pipe Fitter), O/o. The Garrison Engineer, Wellington 643231. (The Nilgiris).

9.Shri. G. Ilaiyaraja, Mate (Pipe Fitter), O/o. The Garrison Engineer, DSSC, Wellington 643231. (The Nilgiris). ….Respondents By Advocates Mr. G. Dhamodaran (R1- R7), Mr. K. Arunagiri (R8 & R9)

ORDER

(Pronounced by Hon'ble Mr. Sisir Kumar Ratho, Member(A))

This OA has been filed by the applicant seeking the following relief:-

“to call for all records from the 5^th Respondent pursuant to the impugned selection list dated 13 Dec 2016 and the impugned Special PTO No. 16 dated 31 Mar 2017 of the 7th Respondent which was issued on the authority of the 5th Respondent's Appointment letter No 10026/IND/LRS/13-14/Apt/Mate (Tdn)/17/E1NB dated 10 Mar 2017 and the 7th Respondent's O.O. No. 36 dated 21 Mar 2017 issued vide letter No 1008/830//E1B dated 21 Mar 2017 and impugned PTO No 04 dated 17 April 2017 of the 6th Respondent and also prays to call for examination details, test papers, OMR answer sheets of all candidates appeared in connection with the written test conducted by the 5th Respondent held on 21 August 2016 to fill up the post of Mate (Pipe Fitter), after perusing the same this Hon'ble Tribunal may be pleased to quash impugned selection and appointment of the 8th and 9th Respondents to the post of Mate (Pipe Fitter) with effect from 20 March 2017 and with effect from 21 March 2017 respectively at 6th and 7th Respondents office in the pay scale of 7th CPC Pay Matrix Level-I of Rs. 18000/- -- Rs. 56,900/- as they are unqualified with Fitter (meaning Mechanic who fits up and assembles all kinds of machinery) certificate and their appointment is not in consonance of recruitment rules and they do not have essential relevant trade qualification of Plumber (Pipe Fitter) and do not fulfill eligibility criteria laid down in the S.R.O. 48 Dated 08 July 2013 - and quash the same being non est, arbitrary, unconstitutional and patent non-observance of mandatory instructions is writ large, and direct the Official Respondents to consider the applicant's case for appointment to post of Mate (Pipe Fitter) as the applicant has essential ITI qualification in relevant trade of Plumber (meaning Pipe Fitter in English), as laid down in the S.R.O 48 Dated 08 July 2013, to uphold the rule of law and further prays this Hon'ble Tribunal may pass any such orders or directions that may deem fit necessary in the facts and circumstances of the case and thus render justice.”

2. The facts of the case as submitted by the applicant, are as follows, in brief:-

2.1. It is submitted that the applicant applied for post of Mate (Pipe Fitter) based on the advertisement appeared on 02.12.2015 in Employment Service Tamil weekly to fill up various vacancies in Mate of different trades. He belongs to SC category and possesses all requisite qualifications with necessary experience under the Recruitment Rules, essential Matriculation ie., SSLC pass and ITI in Plumber Trade Certificate, National Council for Vocational Training (NCVT) certificate in Plumbe