IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 11094 of 2010(S) -------------------------- OA.629/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, NEW DELHI. 2. THE GENERAL MANAGER,SOUTHERN RAILWAY, PARK TOWN, CHENNAI-600 003. 3. THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY,PARK TOWN, CHENNAI - 600003. 4. THE CHAIRMAN, RAILWAY BOARD, RAIL BHAVAN NEW DELHI. 5. THE DIRECTOR/ESTT.(GP),RAILWAY BOARD, RAIL BHAVAN, NEW DELHI. BY ADV. SRI.MILLU DANDAPANI MRS.SUMATHI DANDAPANI (SR.) RESPONDENT(S): --------------- SHRI T.JOHNSON, STAFF & WELFARE INSPECTOR, GRADE-1, TRIVANDRUM DIVISION, SOUTHERN RAILWAY. ADV. SRI.T.C.GOVINDA SWAMY FOR R1 SRI.G.SHYAM RAJ FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11094/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF OA NO.629/2008 FILED BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. P2 : COPY OF REPLY STATEMENT FILED BY RAILWAYS IN OA NO.629/2008. P3 : COPY OF REJOINDER FILED BY THE RESPONDENT. P4 : COPY OF REPLY STATEMENT TO THE REJOINDER FILED BY RAILWAYS. P5 : COPY OF ORDER DATED 14/09/2009 OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN OA NO.629/2008. P6 : COPY OF REVIEW APPLICATION NO.51/2009 IN OA NO.629/2008. P7 : COPY OF ORDER DATED 01/12/2009 PASSED BY THE HONOURABLE TRIBUNAL IN REVIEW APPLICATION NO.51/2009 IN OA NO.629/2008. P8 : COPY OF PANEL DATED 06/03/2007. P9 : COPY OF PROMOTION ORDER NO.HPB(O) 140/2007 DATED 06/03/2007. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- WP(C) No.11094 of 2010 (S) --------------------------------- Dated, this the 25th day of November, 2010 J U D G M E N T Ramachandran Nair, J. Heard learned senior counsel for petitioners and learned counsel appearing for respondent. 2. Order under challenge is the one issued by the Central Administrative Tribunal declaring the respondent's eligibility for appointment to the post of Assistant Personal Officer in the quota reserved for promotees. Admittedly, respondent is next in the list for selected candidates eligible for appointment to the post on merit basis. Total vacancies available are eight, out of which six vacancies are to be filled up by merit quota and one from Scheduled Caste community and another from Scheduled Tribe community. The respondent happens to be 7th in the merit list and this position is not disputed by the petitioners. However, according to the petitioners, one Shri.P.Rajeswaran, who is a member of Scheduled Caste community, had filed an O.A. challenging the recruitment made in the year 2001, and the O.A was later allowed by the Tribunal declaring his eligibility to be posted based on earlier WP(C) No.11094/2010 -2- selection. Since Shri.P.Rajeswaran is a member of Scheduled Caste community, the post that has fallen vacant in the merit quota has to be filled up by another member of Scheduled Caste community from the select list is the case of the petitioners. However, finding of the CAT is that the said person, Shri.P.Rajeswaran, though is a member of Scheduled Caste community got selection in merit quota, and he is not a person selected under the quota reserved for Scheduled Caste community. So much so, the vacancy arising on account of his getting posted based on earlier selection under orders of the CAT in the O.A. filed is a vacancy available to candidates in the merit list. In our view, the CAT rightly held that the respondent being next in the merit list is eligible to be appointed in the merit quota as the last candidate from out of the six posts available for appointment in merit quota. Consequently, this writ petition lacks merit and is dismissed. Sd/- (C.N.RAMACHANDRAN NAIR, JUDGE) Sd/- (BHABANI PRASAD RAY, JUDGE) jg //TRUE COPY// PA TO JUDGE.