CWP No.17336-CAT of 2002 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.17336-CAT of 2002 DATE OF DECISION: February 26, 2009 GARIB DASS ...APPELLANT VERSUS THE UNION OF INDIA & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MS. JUSTICE NIRMALJIT KAUR. PRESENT: NONE FOR THE APPELLANT. MR. ANIL RATHEE, CENTRAL GOVT. COUNSEL FOR RESPONDENTS NO.1 & 2. ASHUTOSH MOHUNTA, J.(ORAL) The challenge in this writ petition is to the order dated 13.2.2002, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') vide which the Original Application filed by the petitioner challenging the selection of respondent No.3 for the post of regular Mazdoor was dismissed. Briefly the facts of the case are that Union of India requisitioned the names of suitable candidates for three posts of Mazdoor reserved for SC/ST in the pay scale of 750-940/- vide requisition dated 26.2.1992. As per the requisition (Annexure P-1) one post was reserved for ST and two posts were reserved for SC category. The petitioner alongwith other eligible candidates applied for the post of regular Mazdoor. It is the case of the petitioner that he alongwith Kasturi Lal, Madho Ram and Joginder Singh, respondent No.3 was selected, but despite that he was not given appointment. It was further contended that respondent No.3 Joginder Singh did not belong to the SC category and hence his selection be quashed. Reply was filed on behalf of Union of India wherein it was CWP No.17336-CAT of 2002 -2- averred that the petitioner was never selected for the post of regular Mazdoor. It has been further averred that as far as respondent No.3 Sh.Joginder Singh is concerned, he did belong to the SC Category, as is clear from the Certificate (Annexure P-12). The Tribunal after going through the averments made by the petitioner as well as by the respondents dismissed the Original Application by holding that the certificate (Annexure P-12) clearly shows that Joginder Singh belongs to Ramdasia Caste which is a recognized Scheduled Caste. We have gone through the writ petition as well as heard Sh.Anil Rathee, Central Government Counsel. A perusal of the certificate (Annexure P-12) clearly establishes that respondent No.3 Joginder Singh belong to Ramdasia Caste and hence was eligible to be considered for appointment as regular Mazdoor. The averment of the petitioner that respondent No.3 does not belong to Scheduled Caste category is absolutely false. Apart from the above, a perusal of the reply filed on behalf of respondent No.1 & 2 shows that the petitioner was never selected for the post of regular Mazdoor, but infact his name was kept in the reserved list and he could only have been appointed if any of the selected candidates did not join the post. In the present case as all the selected candidates joined their posts, hence there was no vacancy and the petitioner obviously could not have been appointed. In view of the above, we find no merit in the writ petition and the same is dismissed. (ASHUTOSH MOHUNTA) JUDGE February 26, 2009 (NIRMALJIT KAUR) Gulati JUDGE