SHRI UMESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order and judgment dated June 3, 2011 passed by the learned Central Administrative Tribunal, Principal Bench (the Tribunal) in Original Application being No. 2160 of 2008 whereby the learned Tribunal had allowed the said Original Application filed by respondent No.3 herein resulting in petitioner's empanelment being set aside.

(2.) The cause of the dispute at hand emerged when respondent No. 2 vide its order dated November 30, 2006 decided to hold selection for 11 posts of JE-II (Works) in the grade of Rs. 5000 8000 consisting of 9 vacancies in unreserved category, 1 vacancy in Scheduled Caste category and 1vacancy in Scheduled Tribe category. Pursuant to the said order dated November 30, 2006, the respondent No. 2 invited applications from the willing staff who fulfilled the eligibility criteria enumerated in the said order.

(3.) Pursuant to the aforesaid order of the respondent No. 2, the petitioner as well as the respondent No. 3, applied for the said posts. The written test for selection to the said posts was held on March 24, 2007 and the results were declared on May 28, 2007 when both, the petitioner and the respondent No. 3, were declared as passed. In the said results the respondent No. 3 was placed at 11th position whereas the petitioner was placed at 12th position. The respondents, vide order dated July 24, 2007, declared a panel of 8 persons, including one against the SC post, in which the name of the respondent No. 3 was not incorporated, whereas the name of the petitioner, who is junior to the respondent No. 3 was included against the SC post.