ADARSH CHAUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) . These two writ petitions arising out of the judgment dated 25.05.2000 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ( hereinafter referred to as 'the Tribunal' ) in O.A. No. 1113 of 1999 involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

(2.) . There-are two posts in General Surgery and one post in G.I. Surgery. The applicant was appointed as an Associate Professor of G.I. Surgery in the Central Health Services in G.B. Pant. Hospital on an ad hoc basis on 11.02.1993. He was appointed as an Associate Professor on ad hoc basis on 01.04.1995 and continued in the said post till 08.12.1997. An advertisement was issued for appointment in the post of Assistant Professor in the Department of G.I. Surgery and the petitioner applied therefor, but he was not called for interview. He thereafter filed an original application before the Tribunal seeking a direction to consider his case for interview. As during pendency of the said original application, he was selected, the said original application was withdrawn. The unofficial respondent herein filed original applications before the Tribunal claiming inter alia the following reliefs:-

(3.) . The contention of the applicant before the learned Tribunal, as also before us is that the post of Assistant Professor in G.I. Surgery was created in the year 1959, but no advertisement had been issued in relation thereto for a period of 7 years. Had such advertisement been issued, the petitioner being the only candidate was to be appointed therein, as a result whereof, he would have become eligible to be appointed as Professor in G.I. Surgery as per the Service Rules. The unofficial respondent contended that as he had from the very inception continued to work as Assistant Professor in G.I. Surgery, the entire period should be counted towards his seniority. He has been conferred with the authority of the Head of the Department in G.I. Surgery in the first place. The original application was filed having regard to the said contention.