CAT - Ernakulam

Appointment orders cannot be withheld post-selection without just cause, such as fraud or disqualification.

C.P. Abdussaleem & Anr. v. The Secretary (Printing and Stationery) & Ors. [Original Application No. 181/00316/2024]

CAT - Ernakulam2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The 2nd respondent issued an employment notification on January 10, 2019, inviting applications from qualified Scheduled Tribe candidates for three vacancies for the post of Offset Machineman.

Source reference: p.2

The applicants applied, were successful in the selection process, and were ranked No. 1 and No. 2 respectively.

Source reference: p.2

An offer of appointment (Annexure A3) was issued to them on April 6, 2023, which they accepted.

Source reference: p.2

The Lakshadweep Staff Selection Board, chaired by the Advisor, had recommended the applicants for the post.

Source reference: p.2-3

Despite the offer and acceptance, appointment orders were not issued.

Source reference: p.3

RTI responses revealed that 10 posts of Offset Machineman existed, with 5 vacancies available (3 by promotion, 2 by direct recruitment), and that there was no "constraint decision" not to fill the vacant posts by direct recruitment.

Source reference: p.3, p.5

The respondents contended that the Department was undergoing a "rationalization of work place".

Source reference: p.4

However, the details of this process were not provided, and subsequent communications did not support this claim.

Source reference: p.5-7
02

Issues

1. Whether the applicants are entitled to appointment as Offset Machineman based on the selection process, recommendation, and offer of appointment.

Source reference: p.3

2. Whether the respondents' contention of "rationalization of work place" constitutes a valid reason to withhold the appointment of the selected candidates.

Source reference: p.4-6
03

Law Applied

The Tribunal implicitly applied the principle that a selection process should be brought to its logical conclusion, and appointments should be made unless the selection is vitiated by fraud, disqualification, or other valid circumstances.

Source reference: p.7

The court also considered the directive from the Prime Minister through the 3rd respondent for Union Territories to adopt a recruitment drive to fill all vacancies.

Source reference: p.5, Annexure A5
04

Reasoning

The Tribunal found that the essential facts, including the notification, the selection of the applicants, and the offer of appointment, were undisputed.

Source reference: p.4

The only reason provided by the respondents for not issuing appointment orders was the vague statement about "rationalization of work place".

Source reference: p.4

The court noted that no details of this rationalization process were provided, and there was "absolutely nothing on record to indicate that there was any valid reason for not bringing the selection process to its logical conclusion".

Source reference: p.5

The court highlighted a directive from the 3rd respondent to fill all vacancies and an RTI response confirming no constraint existed to fill direct recruitment posts.

Source reference: p.5, Annexure A5; p.5, Annexure A8

Furthermore, an office order regarding amalgamation of Press Units had already been implemented in 2020, and a communication produced by the respondents in 2026 did not indicate any ongoing rationalization process that would justify withholding appointments.

Source reference: p.6, Annexure A9; p.6-7

The Tribunal concluded that the defense of rationalization was a "bogey" and not supported by evidence.

Source reference: p.6
05

Holding

The Tribunal concluded that there was no absolute reason why the selection process should not be brought to its logical conclusion.

The Original Application was allowed.

Source reference: p.7

The respondents were directed to issue appointment orders to the applicants as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of the order.

Source reference: p.7

No order as to costs was made.

Source reference: p.7
CAT - Ernakulam

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C.P. Abdussaleem & Anr. v. The Secretary (Printing and Stationery) & Ors. [Original Application No. 181/00316/2024]

CAT - Ernakulam

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