UOI Vs. DHARAM VIR SINGH

JUDGEMENT

(1.) IN all these writ petitions filed by Union of INdia, subject matter is identical though separate orders of the Central Administrative Tribunal (hereinafter referred to as the tribunal) passed are impugned in these writ petitions. However, the outcome of the three proceedings before the tribunal, out of which present petitions arise, is also identical. Therefore, our purpose would be served in taking note of the facts of W.P.(C) No.4745/2011.

(2.) THE genesis of the dispute is in the selection process which was carried out by the Government of India Press, Aligarh for recruitment to various posts. THE respondent - Dharam Vir Singh applied for the post of Assistant Binder. He qualified the written test and thereafter appeared in the interview and as per the result declared, he got selected. His name appeared in the select list prepared for this purpose. This process was carried out in the years 2007-08. All those persons who appeared in the select list were informed about their selection and were asked to complete the formalities like the medical test, police verification, etc. On the basis of the merit in the select list, certain persons were even allowed to join.

(3.) WE may point out that similar directions were given in respect of the respondents in other two original applications. The main reason given by the tribunal in granting the relief was that since many others are allowed to join and they are working, fate of the respondents would be the same as those persons and they would sink or swim with them. They cannot be left in the lurch and singled out for discriminatory treatment by not allowing them to join the post on the ground of irregularity in the process of selection, while others have been allowed to join in similar circumstances. The tribunal in coming to this conclusion has also been influenced by the reason that though the complaint was received in April, 2008 and much time has lapsed, no final action was taken on the selection process so far.