GOVT. OF NCT OF DELHI Vs. RAKESH BENIWAL

JUDGEMENT

(1.) The petitioner, the Government of NCT of Delhi (hereafter called "GNCTD") in these proceedings under Article 226 of the Constitution of India questions an order dated 07.08.2013 of the Central Administrative Tribunal (hereafter 'the Tribunal'), in O.A. No. 1459/2012 which directed it to consider the respondents for promotion from the dates on which their immediate juniors were promoted, and also to grant them arrears of pay and consequential benefits alongwith it.

(2.) The facts surrounding the present writ are that the Govt. of NCT of Delhi (GNCTD), through Delhi Subordinate Services Selection Board, (hereafter "DSSSB") in 2002 issued an advertisement for appointment to various posts of Grade II DASS (Delhi Administrative Subordinate Service). Accordingly, respondents' no. 1&4, 2&3 and 5 applied under the Sports, Other Backward Classes (OBC) and Ex- Serviceman categories respectively. The written test for the purpose of recruitment was held on 17.11.2002. The result of the test was declared in stages. On 10.01.2003 the result was declared for three categories, namely; general, physically handicapped and exservicemen categories. The second set of results was declared on 22.03.2004 in respect of the scheduled caste(SC) and Other Backward Class (OBC)- subject to outcome of a Letters Patent Appeal (LPA No. 625/2002) filed by the Govt. of Delhi against the decision in C.W.P. No. 5061/2001 Kunwar Pal &Ors. v. Govt of NCT of Delhi. That appeal was subsequently dismissed by order dated 13.05.2005. The third set of results was declared on 02.09.2005 in respect of SC & ST candidates from outside the state. The last set of results was declared on 10.12.2007 after directions of this Court (in W.P. (C)No. 6498 of 2007), in the case of the applicants in respect of the sports category.

(3.) Despite declaration of the result, due to the non-issuance of appointment letters to the applicants, two applications were filed before the Tribunal, namely, Umesh Gahlot & Ors. v. GNCTD (O.A. No. 1872/2008) and Ved Prakash & Ors. v. GNCTD (O.A. No. 1925/2008). These applications were disposed of by common order dated 07.01.2009 with a direction to the GNCTD to issue appointment letter to the applicants/ respondents and to assign their seniority on the basis of their merit position in the written test. This judgment was challenged by the GNCTD by W.P. Nos. 8637 & 8638 of 2009 which were disposed of with the direction to the petitioner to issue appointment letters as per the satisfaction of the Secretary (Services).