BALWANT KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant impugns the order dated 04.01.2011 of the learned Single Judge dismissing W.P.(C) No.10847/2009 preferred by the appellant as belonging to the OBC category and seeking a direction to the respondents to allow him "to be subjected to interview" and to grant him "benefits in compliance with / as per Hon'ble Delhi High Court's order of 30.04.2007 and as per their own letter of 9th April, 2008."

(2.) The appellant was vide letter dated 15.12.2000 of the respondent No.2 Airports Authority of India (AAI) appointed to the post of Senior Superintendent (Engineer Civil) at Gaya Airport, Gaya on ad-hoc basis for a period of six months only. However, the said ad-hoc appointment of the appellant was continued till termination thereof vide letter dated 30.11.2004. It was mentioned in the said termination letter that the appellant had been appointed without any advertisement, without calling candidates from Employment Exchange and without following the recruitment procedure for any appointment; that his appointment was thus irregular, illegal, void and invalid; nevertheless, the appellant was being paid one month's salary in lieu of notice period and retrenchment compensation. The appellant along with certain others filed W.P.(C) No.19770-72/2004 challenging such termination. The said writ petition as also several other petitions including those transferred to this Court, were decided "amicably" vide order dated 30.04.2007. The said order records that services of nearly 130 personnel working in different offices of respondent No.2 AAI all over India were terminated on the ground that they were appointed on ad-hoc basis without following the recruitment process and further records the settlement arrived at as under:

(3.) The respondent No.2 AAI vide its letter dated 09.04.2008, with reference to the order dated 30.04.2007 (supra) informed the appellant that it had advertised vacancies in the grade of Junior Executive Engineer (Civil) and Junior Executive Engineer (Electrical) and gave a one time opportunity to the appellant to apply for one of the posts which he may desire and have the qualifications for. The appellant was further informed that though the last date for receipt of applications as per the advertisement had already expired, the appellant was still being given opportunity to apply.