G D GAIHA Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing the present petition the petitioner has challenged the appointment of respondent No.4 to the post of Chairman-cum- Managing Director of Mahanagar Telephone Nigam Limited. The aforesaid challenge is made on the ground that the respondent No.4 is not eligible as per the eligibility criteria/job description laid down in the aforesaid circular dated 19.1.2000 issued by the Public Enterprises Selection Board, respondent No.3.

(2.) It is stated in the petition that as the respondent No.4 did not satisfy the aforesaid eligibility criteria as laid down his appointment as CMD, MTNL is void ab initio and non est. In view of the aforesaid challenge it is necessary to extract below the relevant clause of the eligibiiity criteria : "The post carries Schedule 'A' scale or pay of Rs.13,000-500-15000 (revised). Public Sector executives should be holding posts in the pay scale of at least Rs.8,250-9250 (pre-revised)/ Rs.11,500- 13,500 (revised)/ with industrial DA or Rs.7300-7600 (pro-revised) with Central DA or equivalent posts atleast for two years. In the case of internal candidates, the minimum experience required in the above grade will be one year." Covernment Officers in the scale of pay of Additional Secretary to the Government of India or holding posts in the equivalent scale of pay with adequate experience in the relevant field will be eligible for consideration on immediate absorption basis. The date for deter mining the eligibility of candidates will be the date of occurrence of the vacancy i.e. 30.6.2000.

(3.) Mr. Vaidyanathan, Senior Counsel appearing for the petitioner relied on the aforesaid clause of the eligibility criteria and submitted that from a bare perusal of the aforesaid clause it is clear that a person intending to be a candidate for the aforesaid selection/appointment for the post of CMD, MTNL has to satisfy the criteria - (i) he should be a person belonging to any of the three categories of persons namely - Public Sector Employees, internal candidates and Government Officers; and (ii) if he is a Government officer he must be in the scale of pay of Additional Secretary to the Government of India or hold the post in equivalent scale of pay and (iii) that crucial -date for determining the eligibility of candidate will be 30.6.2000. It was submitted by him that the eligibility conditions as set out in the job description are cumulative and non-fulfilment of any of them would render the very consideration of the candidate to the said post as grossly illegal, void and non est. It was also submitted by him that if the candidate is a Government Officer, he must be in the substantive scale of pay of Additional Secretary to the Government of India or if he is holding the post in equivalent scale of pay the said holding of the post must also be in a substantive capacity of the equivalent scale of pay. He vehemently contended that the respondent No.4 on the crucial date For determining the eligibility of the candidates i.e. 30.6.2000 was not holding a substantive post in the scale of pay of Additional Secretary to the Government of India and therefore, not eligible to be considered.