GOVT. OF NCT OF DELHI Vs. SIBI THOMAS

JUDGEMENT

(1.) The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing.

(2.) Present writ petition has been filed challenging order dated 31st January, 2020 passed by Central Administrative Tribunal in OA No. 3757/2017 whereby the Tribunal has allowed the respondent's OA and directed the petitioner to consider respondent's application for appointment against the vacancy arising due to non-acceptance of the post of Speech Therapist by Ms. Deepti M. or against future vacancies. The relevant portion of the impugned order is reproduced hereinbelow:-

(3.) Mrs. Avnish Ahlawat, learned counsel for the petitioner, submits that the Tribunal has failed to appreciate that the Notification dated 13th June, 2013 categorically states that the life of waitlist will be one year only from the date of publication of results and the said Notification nowhere states that the one year period will start from the date when a candidate refuses to accept the offer of appointment. In support of her submission, she relies upon the judgment of Supreme Court in Gujarat State, Dy. Executive Engineers' Association Vs. State of Gujarat and Ors., 1994 Supp (2) SCC 591 as well as the judgment of this Court in Kavita Vs. Government of NCT of Delhi and Others, WP (C) 13185/2019.