NEPAL SINGH Vs. N.C.E.R.T.

JUDGEMENT

(1.) THE petitioners are aggrieved by a decision of the Central Administrative Tribunal (CAT/ Tribunal) , which dismissed their application T.A. No.16/2002 on 24.10.2002. The petitioners had earlier approached this Court in writ proceedings being W.P.(C.) No.1852/1998 challenging the inaction of the respondent/NCERT in not appointing them as Assistants in the Limited Departmental Examination Category (LDEC) Quota.

(2.) THE facts necessary for deciding this petition are that in the respondent organization, the petitioners were Upper Division Clerk (UDC) with five years of service. The rules of recruitment for the promotional post, i.e. Assistant, indicated two channels of appointment" promotion by seniority to the extent of 50%, and the balance through LDEC quota.

(3.) WHEN the matter stood thus, on 23.08.1985, the recruitment rules were amended and the quota for Limited Departmental Examination candidates was reduced to 25% (from the existing 50%) . Such being the case, the test for the LDEC quota notified on 30.01.1985 was held on 30.05.1987. Based on the results of the select list, 10 candidates were initially appointed; they reported to the post. Subsequently, one more candidate Sh. J.L. Malhotra was appointed as Assistant. The petitioners kept representing to the respondent insisting that their candidatures too should be considered since their names figured in the select list and appointment letters ought to be issued to them. After waiting for a considerable period of time, the petitioners approached this Court by filing proceedings under Article 226 being W.P.(C.) No.1852/1998. In those proceedings, inter alia, the relief claimed was for appropriate direction to the respondents to appoint them to the post of Assistant with retrospective effect.