Administrative authorities are obligated to consider representations and pass reasoned and speaking orders when an employee claims benefits based on government Office Memorandums regarding the discontinuation of mandatory interviews for junior level posts.

ORDER (ORAL)

Per: Justice S.Sujatha ...........Member(J)

The applicant has filed this original application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“a. Pass an appropriate order directing the Respondents No.2 to consider the representations dated 06.11.2023 and 23.07.2024 vide Annexure A5 and A6 respectively and consequentially direct the Respondents No.2 to grant the withheld annual increment from 2021 in the interest of justice and equity.

b. Pass any other appropriate order as this Hon’ble Tribunal deems fit to meet the ends of justice and equity.”

2. Facts in brief as narrated by the applicant are that the applicant was promoted to the post of Inspector on 29.06.2017. As per the Rules prevailing at that time the applicant was required to pass departmental examination within two years. The respondents withheld the annual increment of the applicant for not passing viva-voce within two years of his promotion to the post of Inspector. The applicant asserts that the Government of India vide Office Memorandum dated 29.12.2015 has discontinued the interview at junior level posts with effect from 01.01.2016. This has been reiterated in the OM dated 13.04.2017 and communication dated 31.01.2023. The applicant submitted representations and requested to exempt him from viva-voce and further to grant withheld increments. It is the grievance of the applicant that his request has not been considered. Hence this OA.

3. Learned Counsel Ms.Archana Murthy representing the applicant reiterating the grounds urged in the OA submitted that the OM dated 09.10.2015 issued by the DOPT categorically specifies that the process of doing away with interview will be completed by 31.12.2015. For specific and isolated Group ‘B’ non-gazetted posts for which any particular department considers interview absolutely essential, clearance of Department of Personnel and Training would need to be obtained. It has been clarified that since the skill test and physical test are different from interview, such tests may continue. For advertisements already done for selection with interview as a component, the posts could either be re-advertised or if urgency or any other reason requires so, the ongoing process may be completed. In those cases, pertaining to non-gazetted Group ‘B’, Group ‘C’ and ‘D’, where Recruitment Rules specify the process of selection which includes conduct of interview, the Ministries/authorities concerned will take necessary steps to carry out the requisite amendment to the Recruitment Rules immediately. In terms of OM dated 13.04.2017, it was clarified that the decision of discontinuation of interviews in junior level posts in the Government is applicable to recruitment to all posts up to Group ‘B’ (Non-Gazetted) irrespective of mode of appointment i.e., promotion, deputation, direct recruitment etc. In the communication dated 31.01.2023, it has been further clarified that pursuant to OMs dated 09.10.2015 and 13.04.2017 regarding discontinuation of interviews in junior level posts in the Government of India, DOPT dispensed with interview for all posts up to Group ‘B’ Non-Gazetted level, irrespective of mode of appointment i.e. promotion, deputation, direct recruitment etc. However, skill test and physical tests being different from interview, such tests may continue. Exempting all officers for promotion or confirmation up to Group ‘B’ Non-Gazetted level to appear and pass in the paper of viva-voce in the departmental examination till amended DERs and related notifications get notified. Hence the effective date relates back to the completion of the particul