Ajay Kumar Mittal, J. - (1.) The petitioners through the present petition under Articles 226/227 of the Constitution of India pray for quashing the order dated 7.4.2012, Annexure P.1 whereby provisional panel of candidates for the posts of Junior Engineers has been de-notified and order dated 4.4.2016, Annexure P.2 whereby the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (CAT) dismissed the application filed by the petitioners notwithstanding the direction given by this Court in CWP No.5434 of 2015 vide order dated 24.3.2015 that they shall not be penalized and that too when they had successfully completed the training by securing 80% marks. Further direction has been sought to the respondents to promote the petitioners to the substantive posts of Junior Engineers with all consequential benefits.
(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The process of filling up 3 (UR) posts of J.E.H in MW/Mech. against IMA quota was initiated on 23.12.2009. The written test was conducted on 20.4.2010. Due to change in the eligibility conditions, the written test conducted on 20.4.2010 was cancelled and fresh applications were called from the eligible staff vide notice dated 5.8.2010. The assessment of vacancies pertained to the year 2009-10. The eligibility conditions for selection were that the candidates securing less than 60% marks in professional ability and 60% marks in aggregate will not be considered eligible for inclusion in the panel. Further, the service records of only those candidates whose secured a minimum of 60% marks in professional ability shall be assessed. In pursuance of the notice, 31 candidates were found eligible vide letter dated 5.10.2010. Written test to carry out selection process was postponed on few dates and ultimately the same was held on 14.2.2011. The result was declared and three candidates out of 31 namely Gurcharan Singh, Birender Singh and Satpal obtained 60% marks in the written test and qualified for second part of selection i.e. assessment of the record of service. Thereafter, the result was cancelled without assigning any reason by order dated 7.5.2011. It transpired that questions of one candidates namely Kamal Kishore were not evaluated and after re-evaluation, his marks were increased from 54 to 60 which were the bench mark for qualifying the written test. Instead of finalizing the selection, the respondents again conducted written test on 27.5.2011. The result was declared and provisional panel was notified vide notification dated 6.7.2011 in which names of total three candidates figured including the petitioners. Consequently, the petitioners were deputed for training vide letter dated 7.7.2011. Vide order dated 13.10.2011, the respondents decided to de-notify the panel resulting in discontinuation of training and reverting the petitioners to their original status. The third candidate namely Shri Chander Kishore Thakur undergoing training alongwith the petitioners was so scared and humiliated that he committed suicide fearing his reversion. Feeling aggrieved, the petitioners filed an application in the CAT. The Tribunal by interim order permitted the petitioners to continue the training. However, ultimately, the application was dismissed vide order dated 12.3.2012. The petitioners assailed the order dated 12.3.2012 by filing CWP No.6906 of 2012 before this Court. This Court passed interim order permitting the petitioners to continue the training and application for vacation of stay by the respondents was dismissed. The writ petition was admitted and the petitioners completed the training with distinction thereby securing about 80% marks in the aggregate. Thereafter, the petitioners served a legal notice dated 18.3.2013 on respondent No.2. The respondents refused to promote the petitioners as according to them, the writ petition was admitted and pending before this court. Vide order dated 16.7.2013, the writ petition was dismissed as withdrawn. The respondents did not promote the petitioners. Aggrieved thereby, the petitioners filed application before the Tribunal which was disposed of by the Tribunal vide order dated 21.3.2014 directing the respondents to consider the request of the petitioners. The respondents rejected the claim of the petitioners vide order dated 13.6.2014. The petitioners again approached the Tribunal by filing an application but the same was also dismissed vide order dated 5.2.2015. Against the said order, the petitioners filed CWP No.5434 of 2015 which was dismissed vide order dated 24.3.2015 with liberty to the petitioners to challenge the order dated 7.4.2012 and directing the respondents not to penalize the petitioners for the lapses demonstrated by the respondents since the petitioners had successfully completed the training securing 80% marks. Consequently, the petitioners filed application before the Tribunal challenging the order dated 7.4.2012, Annexure P.1 but the same was dismissed vide order dated 4.4.2016, Annexure P.2. Hence the present writ petition.
(3.) We have heard learned counsel for the petitioners.;