MAHESH CHAND Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) C.M. NO. 10806/2014 ( for exemption)

(2.) Briefly the facts are that the petitioner, at the relevant time, was working as Personal Assistant. The next promotional grade is the post of SO/Grade-I Stenographer, in respect of which a limited departmental quota exists. The petitioner participated in the departmental test held in 2004. The results were declared in March- April 2006. He was successful and was offered appointment. However, he refused the appointment on 11.07.2006 due to some personal problems, i.e. illness of his mother. This refusal was accepted by the respondents on 02.08.2006. Thereafter, the petitioner appears to have had a change of heart and represented that he would like to resile from his refusal which he did by letter dated 18.12.2006. By this, he sought for issuance of appointment letter to the promotional post. The petitioner contends that despite this representation, nothing was heard.

(3.) It is contended that the respondents action in refusing to give the offer of appointment despite the petitioner s resiling from his rejection of promotion on 18.12.2006, is arbitrary. Learned counsel contended that none of the rejection letters furnished to him supplied any reasons and, in these circumstances, the mere submission that the post was subsequently filled, ought not to have weighed with the CAT. It is also submitted that besides, the guidelines noticed by the CAT were framed in 2006 itself.