Similarly situated candidates CAT holds 3 constables entitled to notional seniority
Srinagar, May 27: The Central Administrative Tribunal (CAT) in Srinagar has held three candidates who participated in the selection process of 2009 and were appointed in 2020 as constables in Armed Police entitled to notional seniority and other benefits. “In light of the above facts and the applicable legal principles, the applicants are entitled to notional appointment from 2009, i.e., the date on which other similarly situated candidates were appointed pursuant to the same selection process,” a bench of D S Mahra Member (J) said while relying on various judgments.
The three candidates Stanzin Rigdol of Hunder, Nubra, Leh, Rigzin Angmo of Tangtse, Leh, and Tsering Chorol of Tar, Leh, had petitioned court through Faizan M Bhat contending that the authorities issued appointment letters in their favour for the post of constable in Armed Police on February 3, 2020 though they participated in the selection processes for the post in 2009, when other similarly situated candidates were appointed. He said the petitioners were entitled to notional appointment from 2009.
On the other hand counsel for the respondents (authorities) submitted that the petitioners were not entitled to retrospective appointment from 2009.
After hearing the parties through counsel, the tribunal directed the government to grant notional appointment to the three constables from 2009, along with notional seniority and all consequential service benefits such as increments, pension and eligibility for promotion, excluding monetary benefits.
However, the three constables, it said, would not be entitled to any arrears of salary or monetary benefits, in view of the settled principle of "no work, no pay". An advertisement notice dated September 17, 2009 was issued for recruitment to the post of Constable in Armed Police. The three candidates applied pursuant to the advertisement and participated in the selection process. Upon completion of the selection process, a final selection list was issued on 31.07.2009. Aggrieved by the selection list, the three candidates filed a writ petition before the High Court of J&K, contending that they were entitled to two additional marks for possessing a diploma qualification, which had not been awarded to them by the selection committee.
The petition was finally allowed by the High Court on June 4, 2013 holding that three candidates possessed diploma qualifications from recognized institutes and were therefore entitled to two additional marks.
The High Court accordingly directed the authorities to consider the case of the three candidates for appointment in terms of the judgment dated 04.06.2013 and the respondents issued appointment letters in favour of the three candidates for the post of Constable in Armed Police on February 3, 2020. However, the respondents gave effect to the appointments prospectively that is from the date of issuance of the appointment orders in 2020, and not from 2009, when the other similarly selected candidates pursuant to the same advertisement were appointed.
Aggrieved by the prospective nature of their appointment, the three constables approached CAT seeking its direction to the government to give effect to their appointments from the date when the other similarly selected candidates were appointed in 2009. “The delay in issuing the appointment orders was not due to any fault or omission on the part of the applicants but was entirely attributable to the respondents,” the tribunal said and held the aggrieved petitioners entitled to notional appointment from 2009, along with notional seniority, pension and consequential service benefits, excluding monetary benefits.
