GOVT. OF NCT OF DELHI Vs. SAM MATHEW

JUDGEMENT

(1.) THE Government of NCT of Delhi is aggrieved by an order of the Central Administrative Tribunal (C.A.T.) dated 20.11.2012. The impugned order has directed that the respondent/applicant should be treated as having been appointed to the post of Technical Assistant w.e.f. 2001, i.e., upon his fulfilling the eligibility condition with respect to the technical qualification prescribed by the Rules.

(2.) THE brief facts are that the applicant was appointed as Lab Assistant on 04.08.1978 and was subsequently appointed on direct recruitment basis as Lab Technician on 10.06.1986. That post constituted a feeder grade to the post of Technical Assistant which prescribed the essential qualification to be a B.Sc in (Medical Lab Technician) with requisite experience. The Lieutenant Governor, apparently, upon representation by some existing employees issued an order waiving and relaxing the essential qualification of graduation by an order dated 27.11.1998. Consequent to this, the applicant was promoted - along with ten others - to the post of Technical Assistant. This move was questioned by certain aggrieved individuals who challenged the appointment of the applicant as well as the order relaxing the qualification. The petitions so moved were allowed and the applicant and others approached the Supreme Court by a Special Leave Petition. Eventually, on 03.09.2008, the Supreme Court upheld the quashing of the relaxation notification. The Court also stated as follows: -

(3.) AFTER the Tribunal's order in April, 2011, the Government of NCTD, acting upon the recommendations of the DPC, promoted the applicant to the post of Technical Assistant (Lab Group-IV) on a regular basis w.e.f. 11.09.2007, the date when the last DPC was held on an application of the 'next below rule', i.e., since the applicant's juniors had been promoted as on that date. The applicant's grievance that he ought to be treated as a regular promotee with effect from the date he acquired the prescribed qualification survives. He, therefore, approached the C.A.T. by filing OA 1821/2012.