MARIAMMA STEPHEN Vs. UNION OF INDIA
LAWS(KER)-2003-2-31
HIGH COURT OF KERALA
Decided on February 07,2003

MARIAMMA STEPHEN Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) Has the Central Administrative Tribunal erred in rejecting the petitioners' claim for relaxation of the prescribed standards for promotion to the post of Junior Telecom Officers This is the short question that arises for consideration in this petition. A few facts as relevant for the decision of this case may be briefly noticed.
(2.) In the year 1995-96, certain posts of Junior Telecom Officers had become available. In the year 1999, the Department took a decision to fill up these posts. A test for selection of suitable officers was held in May 1999. The petitioners who belongs to the category of Scheduled Tribes and are working as Senior Telecom Office Assistants, applied for permission to take the test. The authority granted the requisite permission. The petitioners appeared in the test. However, they failed to attain the prescribed minimum standard. Thus, they were not included in the list of qualified persons for promotion to the post of Junior Telecom Officers.
(3.) Aggrieved by the action of the authority, the petitioners approached the Central Administrative Tribunal. It was alleged interalia that the action of the authority was illegal. The Tribunal considered the matter. Keeping in view the provision contained in the proviso to Art.335 of the Constitution, the Tribunal held that the petitioners did not have any right to claim relaxation. Thus, the petition was dismissed. A copy of the order dated February 14, 2002 passed by the Tribunal has been produced as Ext. P10 with the petition. Aggrieved by this order, the petitioners have approached this Court through the present petition.;


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