RITU CHHIBBER Vs. UNION OF INDIA

JUDGEMENT

(1.) . Original applicant before the Central Administrative Tribunal is the writ petitioner herein. She is aggrieved by a judgment and order dated 1 6/09/1998 passed by the Tribunal in OA 1603/98, whereby and whereunder her Original Application was dismissed.

(2.) . The basic fact of the matter is not in dispute. Pursuant to an advertisement issued for appointment of a senior resident, the petitioner had applied along with other eligible candidates. However, the vacancy was reserved for Scheduled Caste candidate. She did not appear at the interview on 22.1.96. The petitioner subsequently made a request for considering her candidature for vacant post on ad hoc basis vide application dated 8.10.1996. In response to her said request she was called for interview on 17.10.1996 along with other candidates to fill up the post meant for SC/ST for which no suitable SC candidate was available. The petitioner was appointed on ad hoc basis for 89 days or till a regular candidate joins, whichever was earlier. She was given extension on each occasion for a period of 89 days with one day's break upto 6.8.1998. She applied for leave on 11.5.1998 without a confinement certificate. However, it is not in dispute that she had delivered a child on 8.5.1998 and joined her duties on 10-5- 98 and worked till 11.5.98.

(3.) . She was not given any extension after 6.8.1998 which was not recommended allegedly on the ground that her performance was not satisfactory. It is stated that another advertisement had been published in the Employment News on 17.4.1998 for filling up two posts of senior residents, one of which was for Gynecologist for which applications were invited from eligible candidates. The petitioner applied for the said post., and appeared in the interview. However, she was not selected in view of her low merit position.