P V LALITHA Vs. UOI

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 07.03.2001 passed by the Central Administrative Tribunal in Transfer Application No.19/2000 whereby the petitioners said Transfer Application has been rejected by the Tribunal. Initially the petitioner had filed a writ petition on 16.12.1999 being W.P. 7541/1999. That writ petition was transferred to Central Administrative Tribunal on 06.12.2000 and was numbered as T.A. No.19/2000 which was ultimately dismissed by the said Tribunal by virtue of the impugned order dated 07.03.2001. Being aggrieved thereby, the present writ petition has been filed on 09.04.2001 and after admission, the same is pending adjudication before this Court.

(2.) THE main grievance of the petitioner is that the entire selection process initiated in pursuance of the advertisement No.2/99 for the post of Scientist ,,C (Group IV (2) ), is vitiated on account of the fact that the screening process itself as also the selection process was contrary to the advertisement as also to the relevant rules and was also vitiated because of rank arbitrariness being voilative of Article 14 of the Constitution.

(3.) THE first writ petition (i.e., W.P. 7541/1999) had been filed by the petitioner at a stage when only the candidates have been shortlisted by the Screening Committee. The selection process of selecting persons for the said 3 posts had not been completed. Therefore, these 3 persons (respondent Nos. 4, 5 & 6) had not been made parties to the original writ petition. It is that writ petition which was transferred to the Tribunal and was numbered as T.A. No.19/2000. Consequently, that T.A. was heard by the Tribunal without the respondent Nos. 4, 5 and 6 being impleaded in the proceeding. However, when the present writ petition was filed, as objection had been taken with regard to non-impleadment of respondent Nos. 4, 5 and 6, who were subsequently impleaded by virtue of orders dated 30.04.2002 and 24.03.2003.