Research › Browse › Judgment

Supreme Court of India · body

2018 DIGILAW 264 (SC)

UNION OF INDIA v. ACQUILIN ROSE M.

2018-02-13

KURIAN JOSEPH, MOHAN M.SHANTANAGOUDAR

body2018
JUDGMENT : KURIAN, J. 1. Delay condoned. Leave granted. 2. The appellants are before this Court, aggrieved by Judgment dated 18.07.2017 passed by the High Court of Kerala at Ernakulam in OP(CAT) No. 244 of 2016. 3. The dispute in this case pertains to the claim made by the first respondent for appointment under the Evictee Scheme of the appellants. 4. The High Court allowed the writ petition and issued a direction to grant appointment under the Evictee Scheme. When this matter came up before this Court, it was enquired as to whether any Grade 'C' or 'D' post is available. On instruction, it was informed that taking note of the peculiar facts of the case and without treating it as a precedent, the first respondent can be accommodated as a Catering Attendant ‘A’, which is a Grade 'C' post. 5. The learned counsel for the first respondent points out that for more than seven years, the first respondent has been working as a Technical Assistant (though under an outsourcing arrangement) and hence, she may be considered for appointment at least as a Fitter, for which there is a vacancy available. Ms. V. Mohana, learned senior counsel, has brought to our notice that the Fitter is a Grade 'B' post and under the Evictee Scheme, what is available is only appointment under either Grade 'C' or Grade 'D' post. 6. In the above circumstances, this appeal is disposed of directing the appellants to appoint the first respondent forthwith as a Catering Attendant ‘A’. However, taking note of the vast experience and qualification of the first respondent, it will be open to the appellants to utilize her services appropriately, ignoring the category under which she is appointed. We make it clear that there shall be no further screening in the appointment process. We further make it clear that this Judgment is passed in the peculiar facts of this case and hence, it shall not be treated as a precedent.