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Sub Janak Raj Rana vs Union Of India on 18 November, 2011

Central Administrative Tribunal - Delhi Sub Janak Raj Rana vs Union Of India on 18 November, 2011

CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA. NO. 2133/2011 New Delhi this the

18th

day of November, 2011

HON฀BLE MR. G. GEORGE PARACKEN, MEMBER (J) Sub Janak Raj Rana, JC-327924H O/o 22 Services Selection Board, Bhopal, (By Advocate:

HON฀BLE DR. A.K.Mish

-Applicant

Shri Rajiv Manglik) VERSUS

1.

Union of India Through Secretary, Ministry of Defence, South Bllock, New Delhi. 2. Engineer ฀in-Chief Engineer-in-Chief ฀s Branch Integrated HQ of MOD (Army) DHQ PO, New Delhi. 3.

Commandant Bengal Engineer Group and Records, BEG & Centre. Pin -908779 C/o 56 APO -Respondents.

(By Advocate: Mr.B.K. Berera) Order Shri G.George Paracken, Member (J). The applicant฀s grievance is that Respondent No. 3, vide impugned order dated 18.5.2011 (Anne.A-1) refused to forward his a฀ pplication for deputation-cum฀re-employment in the last year of service of MES MIL Cadre: JE (Civil) JE (QS&C)฀on the grounds that he did n ฀ ot have even a single day experience as an executive during the entire span of his service in the MES฀and that t฀he last date of submission of application for DCRE for the retirees between 01 Jan 2012 to 30 Jun 2012 has already been expired on 01 March, 2011฀.

Indian Kanoon - http://indiankanoon.org/doc/70028279/

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Sub Janak Raj Rana vs Union Of India on 18 November, 2011

2. Briefly stated, under the provisions of Recruitment Rules notified vide Anne. A-3 SRO 78 dated 30.04.2001 known as M ฀ ilitary Engineer Services Junior Engineer (Civil) and Junior Engineer (Electrical and Mechanical) Recruitment Rules,2001฀10% of the posts are filled up b ฀ y deputation/ re-employment (for ex-serviceman in accordance with Ex-servicemen Re-employment in Central Civil Services and posts/Rules 1979)฀notified under Govt. of India, Ministry of Home Affairs GSR No. 1530 dated 29th Dec. 1979 as amended from time to time. The requisite educational qualifications given in Column No.8 of the said Recruitment Rules are ฀( a) Matriculation or Equivalent (b) Three years Diploma in Civil Engineering from recognized institute/University/Board or equivalent฀. The Armed Forces personnel including combatants from Corps of Engineers due to retire or who are to be transferred to reserve within a period of one year and have the requisite qualifications as prescribed under column 8 referred to above shall also be considered for such deputation/re-employment. They will be given deputation upto the date on which they are due for release from the Armed Forces. Thereafter, they may be re-employed as civilian employees in the entry grade of Rs. 5000-8000 provided they have same qualification as in column No.8 as mentioned above. Accordingly, the personnel of the MES Militarized cadre (Superintendents B& R Grade-I/II and E&M Gde-I/II) are also eligible for deputation-cum฀re-employment in the MES during their last year of service which will enable them to continue to serve after their retirement against the Ex-servicemen quota, if found suitable, without going through the employment exchange. 3. The respondent No.3 issued instruction No. ROI 01/2005 (Anne.A-4) dated 24.1.2005 laying down the procedure and guidelines for D ฀ eputation-cum-Re-employment in the MES in the last year of service for the post of JE(Civ.), JE(E/M) and JE(QS&C)฀. The time schedule for submission of applications was as under: Time Schedule for submission of Applications 8. Fms/Units holding Supdt B/R Gde-I/II and E/M Gde-I/II of MES Mil Cadre Pers (E&M) will forward application of volunteers in quadruplicate twice a year as per Appx A ฀ ฀to this ROI by 01 Mar and 01 Sep as per schedule given below:Period of retirement Last date for receipt of application Bd proceedings (of Records) due to reach (E-in-C฀s Branch) Returned to Records duly approved 01 Jan to 30 Jun 01 Mar of the 15 Apr of the 01 Jun of the preceding year preceding year preceding year of of retirement of retirement retirement 01 Jul to 31 Dec 01 Sep of the 15 Oct of the 30 Nov of the preceding year preceding year preceding year of of retirement of retirement retirement 4. Similarly, vide ROI No.04/2005 dated 30.06.2005(Anne.A-5) the respondents have issued the procedure in respect of D ฀ eputation-cum-re-employment in MES in the last year of service for the post of Lower Division Clerks (LDC for short)฀. Vide Anne.A-6, letter dated 25.3.2011, the respondents have issued the W ฀ arning Order for DISCH on attaining of service/ age limit: JCOs (BEG/MES) : Sep 2012฀. It contained the particulars of JCOs who are due for discharge on completion of service / age limit during the month of September 2012. It also states A ฀ pplication for deputation-cum-re-employment for MES Militarized Cadre and Clk (SD)" may please be submitted Indian Kanoon - http://indiankanoon.org/doc/70028279/

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Sub Janak Raj Rana vs Union Of India on 18 November, 2011

in terms of ROI 1/2005 & 4/2005. Further, it states as under:. The Army Placement Agency (APA) has been established by the Adjutant General Branch/CW Directorate Headquarters with Cells at HQ commands and Nodes at Station HO/Sub Area/Are HQ to assist retiring Army personnel in seeking suitable jobs in civil after retirement. This establishment is in addition to the Directorate General Resettlement (DGR) where retiring personnel can continue to register their names for employment. Personnel desirous of registering the names with the APA may contact the agency at nearest Station HQ/Sub Area/Area. JCOs/OR seeking premature disch on compassionate grounds can also apply immediately on receipt of disch order.฀The respondent No.3 has issued w ฀ arning Order dated 6.11.2010 for JCO superannuating in February 2012 and invited applications for the post of only Clerks from the interested candidates as per ROI No.04/2005 and no application for appointment to the post of JE was called for. According to the applicant, when he came to know that some other candidates who were also superannuating from Feb. to April, 2012 have already applied for the post of JE, he has also submitted his application on 4.5.2011 (Anne.A-7) duly countersigned by his Superior Officer. The respondent No.3 rejected the same vide impugned order dated 18.05.2011 (Anne.A-1) on the grounds that (i) he d ฀ oes not have even a single day experience as an executive during the entire span of his service in the MES฀for the post of JE and (ii) t฀he last date of submission of application for DCRE for the retirees between 01 Jan 2012 to 30 Jun 2012 which has already been expired on 01 Mar 2011 and the bd proceedings have already been fwd to IHQ of MoD (Army), E-in-C฀s Branch฀. 5. The applicant has challenged the aforesaid rejection by the respondent no.3 on various grounds. As regards the late submission of his application was concerned, he submitted that the respondents have never called for the applications for the post of JE under DCRE in terms of ROI 1/2005 vide their letter dated 6.121.2010 and the superior officers refused to sign and forward the application without having been invited for in the warning order. Moreover, there was no selection for JE during the last 2-3 years. Moreover, in the past respondents have themselves have considered similar late applications submitted by some of the JCOs like Ex-JC 174697 Sub Maj Dharam Vir Yadav and Ex-Sub S.P.Singh and they have been appointed as JE and they have conducted supplementary board to accommodate such JCOs who have either applied late or they could not submit their application due to some other reasons. Further, he has submitted that the respondents have relaxed/amended the recruitment rules and the vacancies under the DCRE quota have been increased from 10% to 20% as per the approval given by the UPSC vide Annexure A-8 letter F.No.3/4/(6)/2009-RR dated 01 Mar 2011 and as such they are bound to conduct the supplementary selection for the additional posts, in anyway, but the respondents are going to finalise the selection for the post of JE under DCRE quota without considering his case, which is arbitrary and illegal. 6. As regards the objection of the respondents that he does not have any experience for the post of JE in terms of the Military Engineer Services notification number S.R.O 78 dated 30.4.2001, he submitted that said post is a direct recruitment post and no experience is required for such appointment, the only requirements as per the recruitment rules are that the applicant should have the educational qualification of matriculation or other equivalent qualification and he should have the three years diploma in Civil Engineer from the recognized Institute / University / Board or Indian Kanoon - http://indiankanoon.org/doc/70028279/

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Sub Janak Raj Rana vs Union Of India on 18 November, 2011

equivalent. He has also submitted that the respondents have amended the aforesaid Recruitment Rules of Military Engineer Services of JE (Civil) and JE (Electrical & Mechanical) 2001 and according to it two years of experience in Planning Execution and Maintenance of electrical or mechanical engineer works has been prescribed but since the said amendment is prospective in effect, it will not be apply in his case. 7. The respondents in their reply have raised the preliminary objection that this Tribunal has no jurisdiction to entertain this OA as the applicant is combatant in the Military Services. The applicant refuted the said directions stating that this Tribunal has already considered the similar cases vide OA.1873/2011 & OA 1874/2011 and decided them jointly on 13.10.2011. 8. On merit they have submitted that according to the guidelines for submission of applications for DCRE contained in para 8 of ROI 01/2005, the last date of submission of the applications for persons retiring from service between 01.01.2012 to 30.06.2012 was 1.3.2001 and the process was to be completed by 1.6.2011. But the applicant submitted his application for DCRE for the post JE vide 22 Service Selection Board letter dated 03-05-2011 and received by BEG Records on 05.05.2011. Therefore, it was rejected on the grounds that it has been received late and he does not possess a single day experience as JE being employed /working as Clerk(SD) since enrolment, which is a mandatory requirement as per Para of ROI 01/2005. They have also stated that a total of 74 such applications for DCRE in JE(Civ.) and Clk.(SD) category have been returned back by Records Beg Roorkee due to late receipt. In case this application was accepted, cases all others will also have to be considered which is against the existing policy. 9. We have heard the learned counsel for the parties and perused the pleadings as well. It is seen that the last date for submission of application was 01.03.2011 but the applicant submitted his application only on 3.5.2011 and it was received by the respondents on 5.5.2011. Now the question is whether the delay in submission of the application was entirely due to the fault of the applicant. It is the admission of the respondents themselves that approximately 150 JCOs are superannuating within the six months which is at the rate of 30 JCOs per month. It is their further admission that 74 applications for the JCOs retiring between 1.1.2012 to 30.6.2012 were received late, i.e. 50 % of the applications. Therefore, it cannot be said that it was entirely due to their mistake that they could not submit the applications in time. It is also an undisputed fact that the respondents have invited applications for DCRE only for the posts of clerks and not for the posts of JEs. More than anything else, we see that the Army Placement Agency (APA) has been established by the Defence Ministry as a welfare measure to assist the retiring Army Personnel in seeking suitable jobs in civil after retirement. It is the duty of the executing authority to make available that facility to the desirous JCOs by giving maximum publicity. It is seen that many JCOs, are not able to avail themselves of the facility because of the lack of information. The applications which are submitted are also being rejected on the technical ground of delay. It is our considered view if the candidates were informed properly they would have submitted their applications well within prescribed time-limit as all those who have applied are interested in getting the re-employment after the military service. When there was no mention regarding the date of submission of application under the DCRE in the Warning letter, the applicant and other similarly situated persons did not know the due date for submission. Therefore, in our considered view, there is no justification on the part of the respondents holding Indian Kanoon - http://indiankanoon.org/doc/70028279/

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Sub Janak Raj Rana vs Union Of India on 18 November, 2011

the applicant responsible for having submitted his application late. The submissions of the respondents in their reply that they have rejected 74 applications of similarly placed persons on the ground of delay in submission of applications, is definitely a matter of concern. 10. As regards the contention of the respondents that the applicant does not have experience for the post of JE, it is seen from the Recruitment Rules as applicable to the applicant that no experience is required. The clause regarding experience was included only in the amended Recruitment Rules notified on 27.4.2011. Admittedly, the due dates for submission of application for DCRE from the retirees between 01 Jan. 2012 to 30 Jun.2012 was on 01 March, 2011. The aforesaid notification, therefore, could not be made applicable in the case of the applicant. 11. In view of above facts and circumstances of the case, we allow this Original Application and direct the respondents to consider the application of the applicant and similarly placed persons along with those applications already accepted. If the Selection Board has already considered the applications which have been received before the due date, they shall constitute the fresh Selection Board to conduct a supplementary selection and consider the their cases in accordance with recruitment rules applicable to them. The aforesaid direction shall be complied within a period of one month from the date of receipt of a copy of this order as the applicant is due for his retirement from service on 28.2.2012. There shall be no order as to costs. (Dr.A.K.Mishra ) Member(A)

(G. George Paracken) Member(J)

MK

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