(Respondents 5 to 171 in O.As and R.As were all promoted as EO/AO earlier to the petitioners herein and no relief is claimed against them in this writ petition and hence they are given up and shown as respondents) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari, calling for the records pertaining to the order dated 29.12.2010 in O.A.Nos.514 and 1137 of 2009 and also the common order dated 26.09.2011 in R.A.Nos.9 to 12 of 2011 passed by the first respondent, quash the same.
W.P.No.14568/2012
1.The Union of India, Rep. by its Secretary to Government, Ministry of Labour and Employment, Shraam Mantralaya, New Delhi.
2.The Central Provident Fund Commissioner, Bhavishyanidhi Bhawan, No.14, Bhikaji Cama Place, New Delhi - 110 066.
3.The Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Regional Office, No.37, Royapettah High Road, Chennai - 600 014.
4.The Central Board of Trustees, Rep. by its Secretary, Bhavishyanidhi Bhawan, No.14, Bhikaji Cama Place, New Delhi 110 066. ...Petitioners Vs.
1.The Central Administrative Tribunal, Chennai Bench, Rep. by its Registrar, City Civil Court Buildings, High Court Compound, Chennai - 104.
2.J.Manikandan
3.P.Prabhakaran
4.M.Sasidharan
5.M.Kaveri
6.L.Jayaraman
7.M.Venkatraman
8.B.Daniel
9.G.Palanivelu
10.T.Sathyanarayan
11.S.Badrinarayanan
12.R.Rajaram
13.V.D.Swamikannu
14.K.Subramani
15.S.Sulochana
16.T.P.Bakthisaran
17.T.Ramachandran
18.D.Pandian
19.V.Ramalingam
20.N.Rajanna
21.N.Govindarajan
22.P.A.Padmavathy
23.P.K.Radhmani
24.D.Williams
25.K.A.Sampathi
26.R.Parthasarathy
27.K.Chandrasekaran-I
28.K.M.Zahiruddin
29.M.Balakrishnan
30.Md.Nasiruddin
31.S.Srinivasan
32.G.Manikamoorthy
33.A.Jayabalan
34.P.Gopalakrishnan
35.E.Sundararaj
36.T.Chidambaram
37.S.G.Sentamilselvan
38.K.Mani
39.M.A.Subramanian
40.R.D.Pal
41.R.Krishnamurthy-I
42.M.Maragathavannan
43.R.Krishnamurthy - II
44.V.K.Kumarasamy
45.K.Sanjeeviraman
46.S.Soosairaj
47.R.Santhkrishnan
48.M.Subbarayan
49.V.L.Balasubramanian
50.S.Natarajan
51.P.Kunnikannan
52.Poornam Morals
53.N.Sundaram
54.R.Sethuraman
55.M.Dost Mohamed
56.A.Kalavathy
57.K.Sampath
58.V.Raja Bather
59.J.Radhgakrishnan
60.C.K.Parthasarathy
61.K.R.Ramachandran
62.V.Dhakshinamurthy
63.R.Chandra
64.K.Kaliamurthy
65.M.Krishnan
66.G.Raghavan
67.B.A.Pugazhendhi
68.H.Babajan
69.O.Dhuruvakumar
70.A.Sheik Dawood
71.R.Krishnan
72.C.B.Meenakshi
73.M.T.K.Swamy
74.T.V.Krishann
75.S.E.Eraiyan
76.S.P.Janardanam
77.A.Dakshinamurthy
78.P.Shanmugam
79.PKGSL Santhanath
80.A.Dhanraj
81.K.P.Nachimuthu
82.S.G.Chandrasekaran
83.A.Afsal
84.K.M.Abdullah
85.G.Srinivasan-II
86.P.Visalakshi
87.R.Rajkumar
88.M.Narayansamy
89.V.Rajagopalan
90.T.N.Kalairajan
91.M.Swamidoss
92.R.Chandran
93.K.Beema Rao
94.K.Badruddin
95.U.C.Kalyanasamy
96.L.Sadagopa Ramanujam
97.V.Srinivasan -II
98.R.Chandramohan
99.C.B.Srinivasan
100.R.Krishnamurthy -III
101.K.Satyanandam
102.E.Thiagarajan
103.P.Ramasamy -II
104.AJS Kuppuraj
105.M.Sankaran I
106.T.Bathmanathan
107.C.Palanisamy
108.V.Varadarajan
109.S.R.Sekaran
110.R.Nagarajan
111.K.P.Balakrishnan
112.M.Elumalai
113.A.Janardanam
114.K.Parthasarathy
115.K.Lakshmi
116.P.Rajasekaran
117.K.Kochumadhavan
118.V.Soundararajan
119.S.Alagar
120.K.Pandurangan
121.P.Kasinathan
122.S.Rangachari
123.P.Narasimhan
124.D.Sundaram
125.K.Bhoologam
126.M.Shanmugam II
127.T.Parthasarathy
128.V.Babu
129.V.Radhakrishnan
130.N.Raju
131.S.Gopalakrishnan
132.G.Paranjothi
133.R.Logaraj
134.M.Ayyappan
135.V.Viswanathan
136.M.Muthukrishnan
137.P.Balasubramanian
138.T.Adikesavan
139.K.Viswanathan
140.G.Srinivasan
141.Syed Abdul Kaleel
142.R.Nandakumar
143.M.Shanmugam
144.P.Kathiravan
145.K.P.Choodamani
146.C.N.Mani
147.P.Ramamurthy
148.S.Chandrasekaran III
149.V.S.Sathiyavelu
150.C.Muthukrishnan
151.A.Srinivasan
152.V.Sekar
153.J.M.Nathianel
154.K.Jayachandran
155.D.Padmanabhan
156.V.Valliappan
157.G.Purushothaman
158.M.Perumal
159.S.Ramasamy
160.K.Koteeswari
161.K.S.Sooriyanathan
162.David Paneerselvam
163.D.Sethuraman
164.R.Rukmani
165.P.Vijayakumar
166.R.Saraswathi II
167.M.L.Sivakumar
168.V.M.Dhanraj
169.C.Nagarajan
170.S.Mahalakshmi
171.I.Xavier
172.R.Saraswathi I
173.M.Arumugam ...Respondents Writ Petition filed under
Article 226 of the Constitution of India seeking a writ of Certiorari, calling for the records of the first respondent in O.A.No.514 of 2009 dated 29.12.2010 in so far as it restricts petitioners from filling up vacancies to the post of Enforcement Officer/Assistant Accounts Officer and the consequential order passed by the first respondent in RA No.11/2011 in O.A No.514 of 2009 dated 26.09.2011 and quash the same.
W.P.No.14569 of 2012
1.The Union of India, Rep. by its Secretary to Government, Ministry of Labour, Sharam Mantralaya, New Delhi.
2.The Central Provident Fund Commissioner, Bhavishyanidhi Bhawan, No.14, Bhikaji Cama Place, New Delhi - 110 066.
3.The Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Regional Office, No.37, Royapettah High Road, Chennai - 600 014. ... Petitioners Vs.
1.The Central Administrative Tribunal Chennai Bench,Rep. by its Registrar, City Civil Court Buildings, High Court Compound, Chennai -104.
2.J.Manikandan
3.P.Prabhakaran
4.M.Sasidharan
5.M.Kaveri
6.L.Jayaraman ...Respondents Writ Petition filed under
Article 226 of the Constitution of India seeking a writ of Certiorari, calling for the records of the first respondent in O.A.No.1137/2009 dated 29.12.2010 in so far as it restricts petitioners from filling up vacancies to the post of Enforcement Officer/Assistant Accounts Officer and the consequential order passed by the first respondent in RA No.12/2011 in O.A No.1137 of 2009 dated 26.09.2011 and quash the same.
For Petitioner in W.P.No.6282 of 2012 : Mr.V.Ajoy Khose For Petitioner in W.P.Nos.14568 and 4569 of 2012 : Mr.V.Vijay Shankar For Respondents in W.P.No.6282 of 2012 : Mr.V.Vijay Shankar for R2 and R4 Mr.M.Gnanasekar for R5 Mr.A.Fathimanathan for R9 For Respondents in W.P.Nos.14568 and : Mr.M.Gnanasekar for R2 and R6 Ms.A.Nafisa Begum for R33 Mr.M.Ramamurthy for RR109, 131, 144, 161 and 162 Mr.Karthik Mukundan for R142 Mr.G.B.Saravanabhavan for R152 For Respondents in W.P.No.14569/2012: Mr.M.Gnanasekar for R2 and R6 C O M M O N O R D E R K.K. SASIDHARAN,J.
The Central Administrative Tribunal dismissed the original applications in O.A.Nos.514 and 1137 of 2009 filed by the respondents 5 to 9 in W.P.No.6282 of 2012, who are arrayed as respondents 2 to 6 in W.P.Nos.14568 and 14569 of 2012, to quash the order dated 23 January 2009 and decide the number of vacancies to be filled up by candidates from each method by applying the percentage to the Cadre Strength of the EO's/AAO's of the Tamilnadu region according to the quota prescribed under the Recruitment Rules for the post of Provident Fund Inspector, Grade II, which was re- designated as Enforcement Officer. The Tribunal, while dismissing the Original Applications observed that any vacancy notified after the conduct of the examination on 7 December 2009 cannot be filled up on the basis of the said examination. Similar other observations were made in paragraph 10 of the order. Feeling aggrieved the petitioners are before us.
2. We have heard the learned counsel for the petitioners and the learned counsel for the respondents in the respective writ petitions.
3. The petitioners in O.A.Nos.514 and 1137 of 2009 challenged the order dated 23 January 2009 and 1 September 2009, which are in the nature of office orders conveying the approval of promotion/notional promotion to certain employees, pursuant to the recommendation made by the Review Departmental Promotional Committee. The petitioners in the Original Applications contended that the vacancies available as on 5 January 1998 would be sufficient enough for their appointments. In short, the petitioners in the original applications contended that in case, year wise vacancies from 3.3.1990 to 5.1.1998 were taken into consideration, it would be sufficient enough for giving them promotion. The Tribunal found no merit in the contentions and accordingly, the original applications were dismissed.
4. The Tribunal in paragraph 10 of the order made the following observations:- "10. While rejecting the relief, we also make it clear that the respondents can fill up only such of the vacancies which were notified prior to the conduct of the examination on 7.12.2009. Any vacancy that were notified after the conduct of the examination on 7.12.2009 cannot be filled up on the basis of that examination. Such of the vacancies which arose after the conduct of the exam on 7.12.2009 should be notified afresh and candidates be informed about fresh date of examination."
5. The observations made by the Tribunal, which is in the nature of advice given to the department appears to be the reason for filing these writ petitions.
6. The Tribunal decided the issue raised by the petitioners in O.A.Nos.514 and 1137 of 2009. There was no need or necessity for the Tribunal to make the observations indicated above, which was beyond the scope of the original applications. There was absolutely no reason to make such observations. The Tribunal should confine to the issue raised before it. There is no question of exceeding the brief and making sweeping observations or giving directions with regard to the conduct of the examination.
7. We therefore set aside the observations made by the Tribunal in Paragraph 10 of the order dated 29 December 2010 in O.A.Nos.514 and 1137 of 2009.
8. The writ petitions are allowed as indicated above. No costs. Consequently, connected miscellaneous petitions are closed.
(K.K.SASIDHARAN, J.) (V.PARTHIBAN, J.) 31 January 2017 svki K.K.SASIDHARAN,J.
and V.PARTHIBAN,J.
(svki) W.P.Nos.6282, 14568 and 14569 of 2012 31.01.2017