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This is an archive article published on April 10, 2011

CPWD list curbing scheduled caste engineers’ seniority junked

CAT scrapped the seniority list of junior engineers for discrimination against scheduled class colleagues.

In an indictment of the Union government,the Central Administrative Tribunal has scrapped the seniority list of Central Public Works Department’s junior engineers for discrimination against colleagues belonging to the scheduled caste.

The CAT’s New Delhi-based principal bench junked CPWD’s list after detecting that the seniority of some junior engineers,belonging to scheduled caste and appointed in 1993,has been suppressed and put below 78 other junior engineers of general category appointed in 1994 without any reason. “How this seniority position has been changed is nowhere mentioned in the order passed by the respondents (CPWD) while issuing the seniority list,” a bench of CAT members Meera Chibbar and A K Mishra said while scrapping the list.

“Moreover,before altering the seniority of applicants,they were not even given a show cause notice. The action of respondents is thus violative of the principles of natural justice,” the bench said.

While scrapping the seniority list prepared in 2010 for promotion of its junior engineers,the CAT also asked CPWD and the Department of Personnel and Training to prepare a fresh list within four weeks after hearing the aggrieved scheduled caste candidates.

The CAT’s order came on a petition by the affected junior engineers,whose seniority had been suppressed.

They pointed out to CAT that CPWD had advertised for appointment of junior engineers in 1992. After the appointment process was over in 1993,78 seats reserved for candidates belonging to scheduled castes could not be filled.

These 78 seats were dereserved the following year and were allocated to the general category candidates during another appointment process in 1994. But while preparing the seniority list for promotion in 2010,these 78 general category candidates appointed in 1994,were placed above the scheduled caste candidates appointed in 1993 itself,the petitioners said.

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