UNION OF INDIA Vs. BRAJ MOHAN

JUDGEMENT

(1.) THE counsel for the caveator / respondent has appeared, the caveat stands discharged.

(2.) THIS intra-court appeal impugns the order dated 15th October, 2012 of the learned Single Judge, allowing W.P.(C) No.559/2012 preferred by the respondent by directing the appellants to 'again' put up the recommendation made by the Selection Committee for appointment of the respondent as Member (Technical) of the Railway Claims Tribunal (RCT), before the Appointments Committee of the Cabinet (ACC) and directing the ACC to consider the said recommendation, ignoring the Office Memorandum dated 8th May, 1992. We have with consent, heard the appeal finally.

(3.) A Selection Committee was constituted for the aforesaid purpose which found the respondent eligible and in its recommendations dated 16 th July, 2011, included name of the respondent. The respondent however, on attaining the age of superannuation, retired from the last post of Additional Member, Commercial (Railway Board) held by him, on 31st July, 2011 i.e. before the recommendations of the Selection Committee could be considered by the ACC. The ACC did not consider the case of the appellant for appointment on the basis of the Office Memorandum dated 8 th May, 1992 issued by the Department of Personnel and Training (DOPT) which reads as under:-