DILIP KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 22.12.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (herein after referred to as ,,the Tribunal), whereby OA No.2203/11, filed by the petitioner was dismissed. The facts giving rise to the filing of the writ petition can be summarized as under:-

(2.) PURSUANT to the aforesaid directions of the Tribunal, the process to fill up the said post was initiated vide notification dated 19.04.2011. The OA No.2203/11 was then filed by the petitioner contending that only those persons who had applied for the said post, pursuant to the earlier notification issued in the Year 2009, could be considered for appointment and no fresh notification to fill up the post could be issued. The Tribunal noticing that no such direction had been given by them, dismissed the OA filed by the petitioner.

(3.) IT transpired during the course of arguments that the Recruitment Rules were modified by the respondents after the order of the Tribunal dated 10.12.2010. The post of Deputy Commissioner of Persons with Disabilities fell vacant when the appointment of Mrs. S. Roy Choudhry was quashed by the Tribunal on 10.12.2010. The vacancy such created was to be filled within three months from the date of receipt of the certified copy of the order of the Tribunal. The question which arises for our consideration is as to whether the respondents can apply the amended rules to fill up the said post. The question as to whether the vacancies which exist on the date of amendment of the rules have to be filled up as per the amended rules or as per the rules as they were prior to the amendment, came up for consideration before us in W.P.(C) No.5549.2007, Dr. Sahadeva Singh v. Union of India and Ors., decided on 28.02.2012. After reviewing the case law, this Court summarized the legal position on the issue, as under:-