The validity of a recruitment panel cannot be extended for a candidate who fails to join the allotted post without sufficient cause, particularly when the failure to report for duty is attributable to the candidate rather than administrative reasons.

O R D E R

Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member :

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):

“i) The respondents may be directed to consider the case of the applicant allowing him to join to the post of Junior Engineer, for which he was selected after quashing any order, if at all post denying the appointment of the applicant.

ii) The respondents may be directed to send the applicant for training as per the rules of the Railways.

iii) The cost of litigation may be awarded in favour of the applicant.

iv) Any other relief or reliefs may be granted in favour of the applicant, which appears to be just and proper by this Hon'ble Court in the facts circumstances of the case.”

2. Facts as narrated by the applicant are as follows:

The applicant was selected for the post of Junior Engineer Grade-II/BRG/E against Employment Notice No. 01/2006 and the examination conducted by the Railway Recruitment Board, Kolkata. The appointment letter dated 06.01.2009 was issued to the applicant by the Senior Personnel Officer (W)/CLW/Chitranjan. The applicant was thereafter medically tested and he was found fit for ‘C-1’ category by the Medical Officer vide Medical Report dated 22.01.2009. The applicant thereafter fell ill and could not join as directed by the Railway Officer. Assistant Personnel Officer (W)/CLW/Chitranjan by letter dated 17.02.2008 and 21.04.2009 gave reminders and requested the applicant to join the selected post within 10 days from the date of issuance of the letter. The applicant who had fallen ill due to certain problems in the family could not join as required by the respondents. The applicant after recovering from his illness and coming out of trouble, by a letter dated 12.01.2010 addressed to the Deputy CPO/(W)/Chitranjan, requested him to kindly accept his joining. The applicant sent a reminder dated 18.05.2010 to the Chief Personnel Officer (W)/CLW/Chitranjan. By a letter dated 27.08.2010, the SPO(W)/CLW/Chitranjan on behalf of the Deputy CPO (W)/CLW/Chitranjan wrote to the applicant that the application of the applicant has been received by them and asked him to produce the medical certificate in original. The applicant on 22.09.2010 submitted the documents to the SPO(W)/CLW/Chitaranjan. The applicant again on 10.12.2010 submitted certificate and other documents including a declaration that in the meantime he was not working in any Government or private organization and was not earning. The applicant did not receive any information from the respondents and he was waiting for an order from the Department, allowing him to join. The applicant also made a representation before the General Manager, Chitranjan Locomotive Works on 28.09.2011. The respondents did not issue any order of joining to the applicant, since the panel had expired. Hence this O.A.

3. Ld. Counsel for the applicant submits that the Railway Board by its Notification No. 9/10, 7.1964 observed that the currency of the panel may be extended by one year with the personal approval of the General Manager and if further extension is required, the matter can be referred to the Railway Board. Ld. Counsel for the applicant submits that in the meantime, the applicant’s father Rajpati Tanti @ Rajpati Prasad had fallen seriously ill and was referred to C.M.C. Vellore. After long illness, the father of the applicant died on 08.04.2012. The younger sister of the applicant, died all of a sudden on 04.08.2011 due to respiratory failure. Applicant was treated for Infective Hepatitis from 23.10.2009 to 08.01.2010. Ld. Counsel for the applicant submits that the respondents, can refer the ma