Aparna. V Vs Union Of India & Others

Central Administrative Tribunal Ernakulam Bench, Ernakulam 21 Apr 2022 Original Application No. 180, 00197 Of 2022 (2022) 04 CAT CK 0033
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Original Application No. 180, 00197 Of 2022

Hon'ble Bench

P. Madhavan, Member, J

Advocates

M/s. Sugathan & Associates, O.M. Shalina

Final Decision

Disposed Of

Judgement Text

Translate:

P.Madhavan, Member J

1. This Original Application has been filed by the applicant seeking the following reliefs:

“(i) Issue an order directing respondents 3-5 to permit the applicant to appear for assessment interview for promotion to in online mode;

(ii) issue an order setting aside Annexure A5 communicaiton;

(iii) issue such other appropriate order or direction as this Hon'ble Tribunal may deem just and proper to issue in the circumstances of the

case;

(iv) to grant the costs of this application.â€​

2. It is submitted that the applicant is employed as Scientist D Grade in Naval Physical & Oceanographic Laboratory (NPOL). She is pregnant and

advised not to travel. It is submitted that online assessment was permitted in the previous years, and the applicant is now denied permission to

participate online in the assessment interview. Aggrieved by the above, the applicant has approached this Tribunal.

3. When the matter came up for consideration before this Tribunal, counsel for the applicant submits that respondents are going to take an interview

on 27.04.2022 at Hyderabad in the physical mode. The applicant is not able to travel to such a long distance on the basis of the medical conditions.

The applicant has produced Annexure A4, which advised applicant not to travel. It is submitted that the respondents had issued an impugned cryptic

order at Annexure A5 stating that they will not conduct online interview this year as there is no pandemic.

4. In view of the above the applicant submits that she may be permitted to participate in the interview online mode. Counsel for the applicant made

reference to the order of Hon'ble High Court of Kerala in Mini K.T v Senior Divisional Manager, LIC, Kozhikode and Ors [2018 (1) KHC 307).

5. Adv. Ms. O.M. Shalina, SCGSC takes notice on behalf of the respondents and submits that this year there is no online mode and hence it will be

difficult for the respondents to conduct interview on online mode for a single person.

6. In view of the particular circumstances mentioned above in this O.A, I hereby direct the respondents to consider the case of the applicant

for the interview on virtual/online mode and permit her to participate in the interview going to be held on 27.04.2022 or any other

adjourned date. The result will be kept in a sealed cover and produce before this Tribunal on orders.

7. The Original Application is disposed of as above at the admission stage itself. No costs.

Issue copy of the order to learned counsel on both sides.

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