MALBIR Vs. UNION OF INDIA

JUDGEMENT

(1.) An order of the Central Administrative Tribunal dated 2nd August 2000 passed in OA No. 226/1995 whereby and whereunder the Original Application filed by the writ petitioner herein was dismissed, which is in question in this writ petition. Bereft of all unnecessary details, the fact of the matter is as follows:

(2.) On or about 29th April 1993, a Circular was issued by the third respondent herein inviting applications for Group 'D' staff of the Safdarjung Hospital for the post of Dispatch Rider in the scale of Rs.950-1400, which is in the following terms:

(3.) Pursuant to or in furtherance of the said Circular, the fourth respondent and another person submitted their applications. A driving test was held on 26th August 1993 wherein the petitioner obtained 36 marks, Shri Suresh Kumar, the respondent No.4 herein secured 35 marks and one Rohtas secured 33 marks. The Selection Committee, having regard to the consideration of the marks obtained by the candidates in the afore-mentioned driving test and the seniority made recommendations for appointment to the said post in favour of the fourth respondent. Pursuant to or in furtherance of the said recommendation, the respondent No.4 applied. The petitioner herein filed representations to the respondents No. 1 to 3 questioning the said appointment but to no avail whereafter the said Original Application was filed.