Union of India and Others vs H. Revani Naik

Mohan M. Shantana Goudar, J.—1. Since the respondent was not heard, the unsigned order passed on 06.01.2016, is recalled.

Heard the advocates appearing on both sides and perused the records. After hearing, the following order is made.

The order dated 8.6.2015 passed by the Central Administrative Tribunal (''CAT'' for short), Bangalore Bench, Bangalore, in O.A. No. 740/2013, is called in question in this writ petition.

By the said order, the CAT has allowed the application and consequently directed the petitioners herein to consider the respondent for promotion to the post of Inspector of Posts within one month, if he is otherwise suitable.

Ministry of Communications and IT, Department of Posts (Recruitment Division), Government of India issued notification on 7.6.2012 for conducting Limited Departmental Competitive Examination (''LDCE'') for short) for promotion to the cadre of Inspector of Posts for filling-up of 66.66% of promotional quota for the year 2012 from amongst eligible officials in feeder cadre for the year 2012 to be held on 08/09.09.2012. The respondent and similarly placed employees working in the Department had appeared for the said examination for promotion to the post of Inspector of Posts. The respondent belongs to Scheduled Category. The vacancy position was also announced along with the notification dated 7.6.2012. It discloses that there are totally 13 seats which had to be filled up by examination. Out of said 13 seats which were to be filled-up, two seats were reserved for Scheduled Caste. 11 seats were meant for Other Category. Results of the said examination were announced on 8.1.2013. One Sri S.G. Puttaswamy secured 770 marks and another Sri K.M. Narendra Naik secured 718 marks, whereas the respondent - H. Revani Naik secured 650 marks in the examination. Since Sri S.G. Puttaswamy and Sri K.M. Narendra Naik secured more number of marks than the other Scheduled Caste candidates, they were selected to the posts of Inspector of Posts. However, in the month of March, 2013 Sri S.G. Puttaswamy - the selected candidate declined the offer of promotion to the post of Inspector of Posts. Thereafter, the respondent herein made representation to consider him to the post, which was declined by Sri S.G. Puttaswamy and which has remained vacant. Such representation was considered and the same was rejected by the endorsement dated 14.5.2013 issued by the petitioners. The same was produced at Annexure-A6.

The respondent herein approached the CAT in O.A. No. 740/2013 questioning the endorsement dated 14.5.2013 issued by the petitioners rejecting the prayer of the respondent. The CAT by a non-speaking order dated 8.6.2015 allowed the application and consequently directed the petitioners herein to consider the respondent for promotion to the post of Inspector of Posts within one month, if he is otherwise suitable.

Undisputedly, Sri S.G. Puttaswamy and Sri K.M. Narendra Naik have secured 770 and 718 marks respectively. So also, it is not in dispute that these two persons belong to Scheduled Caste and they are the top scorers in the said category. However, the respondent had secured only 650 marks and consequently, the Department had rightly selected and promoted Sri S.G. Puttaswamy and Sri K.M. Narendra Naik to the post of Inspector of Posts.

It is further not in dispute that Sri S.G. Puttaswamy has declined the promotion to the post of Inspector of Posts in the month of March, 2013, after the announcement of results of the examination. Therefore, the respondent sought for his promotion in the place of Sri S.G. Puttaswamy, which had remained vacant, in view of non-acceptance of promotion by Sri S.G. Puttaswamy - the selected candidate.

In the meanwhile, certain representations were made by certain candidates for revising and recasting the evaluation of papers for selection to the posts of Inspector of Posts for the year 2012. On considering such representations, the Department revalued all the papers and announced the results afresh wherein, Sri S.G. Puttaswamy was awarded 770 marks and Sri K.M. Narendra Naik awarded 718 marks and whereas, the third respondent was awarded 650 marks. It is relevant to note that marks obtained by all the candidates, who were appeared for examination held on 13th and 14th October, 2012, were reduced by two marks. Consequently, the names of Sri S.G. Puttaswamy and Sri K.M. Narendra Naik remained on top in the selected candidates list of the Scheduled Caste, Hence, it is clear that even the revised results did not help the respondent.

From the above it is clear that, after Sri. S.G. Puttaswamy declined promotion to the post of Inspector of Posts in the month of March 2013, the results of re-evaluation were announced on 25.11.2013. Though the said Sri. S.G. Puttaswamy had withdrawn his candidature earlier, he is declared as selected candidate even in re-evaluation results, which were declared on 25.11.2013. The re-evaluation process was continued after declaration of the results of the first evaluation. As mentioned supra, because of certain allegations made by various persons re-evaluation done by the department and rightly the department had not given effect to the results of the first evaluation. When the re-evaluation process was in progress, said Sri. S.G. Puttaswamy has withdrawn his candidature in the month of March 2013. Only after about eight months i.e., 25.11.2015, the re-evaluation results were announced wrongly showing the name of Sri. S.G. Puttaswamy as one of the two selected candidates in Scheduled Caste category, despite the fact that he had withdrawn his candidature eight months prior to that date. Since Sri. S.G. Puttaswamy had already withdrawn his candidature in the month of March 2013, the department should have ignored his candidature and it should not have declared him as a selected candidate.

It is also not in dispute that the respondent is the person who got 650 marks and he stood in third place. Sri. S.G. Puttaswamy has got 770 marks and Sri. K.M. Narendra Naik has secured 718 marks and they stood first and second place respectively. Since S.G. Puttaswamy had withdrawn his candidature much earlier to the announcement of the results, the order selecting him is bad in the eye of law and the same cannot be given effect to. Since Sri. S.G. Puttaswamy himself had voluntarily declared that he is not willing to take the promotional post much prior to the announcement of results, the marks obtained by Sri. S.G. Puttaswamy had to be ignored by the department while preparing selection list. If it is so, Mr. K.M. Narendra Naik, who secured 718 marks and the respondent-H. Revani Naik, who secured 650 marks were to be selected as successful candidate Nos. 1 & 2. Since only two posts were reserved for Scheduled Caste and as admittedly the respondent is from Scheduled Caste category, he was entitled to be selected to the 2nd post. This aspect of the matter is over-looked by the department by declining the prayer of the respondent. Hence, we are of the considered opinion that the Tribunal is justified in interfering with the order passed by the Departmental Authority. Even on re-consideration of the materials on record, we do not find any ground to interfere with the order passed by the Tribunal. Therefore, no interference in the impugned order is called for. Hence, the petition fails and accordingly, the same stands dismissed.

The petitioners shall comply with the order within four weeks from this date.