NASREEN BANO SIDDIQUI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, Petitioner impugns the inaction of the Respondents in not convening and finalizing the Departmental Promotion Committee ('DPC') for selection on absorption to the post of Assistant Registrar, National Company Law Tribunal ('NCLT'), despite inviting options on 21/12/2020, processing the case, obtaining NOC on 28/6/2021 and the Competent Authority nominating the member of DPC on 5/11/2021.

(2.) Factual score emerging from the writ petition is that Petitioner was appointed as Assistant Employment Officer in the Directorate of Training and Employment, Government of U.P. w.e.f. 28/12/1999. Applications were invited by NCLT vide Office Memorandum dtd. 16/11/2017 for filling up different posts including post of Assistant Registrar in their set up, on deputation basis. Petitioner applied as she fulfilled all the requisite conditions stipulated in the Notification and was duly selected for appointment on deputation basis vide order dtd. 5/3/2018, initially for a period of one year from the date of assumption of charge and joined the post w.e.f. 2/4/2018.

(3.) Thereafter, options were invited by NCLT vide O.M. dtd. 21/12/2020 for absorption from those officers who were on deputation in NCLT from other Departments and fulfilled the eligibility criteria stipulated in Rule 10 i.e 'Absorption of Employees on Appointment on Deputation' of the National Company Law Tribunal (Recruitment, Salary and other Terms and Conditions of Service of Officers and other Employees) Rules, 2020 (hereinafter referred to as '2020 Rules'), followed by Corrigendum dtd. 23/12/2020.