UNION OF INDIA Vs. ANIL KUMAR YADAV

JUDGEMENT

(1.) ISSUE notice. Counsel for the respondent appears and accepts notice. With the consent of the parties, we have heard learned counsels and proceed to dispose of the present writ petition.

(2.) THE petitioner -Union of India assails the order dated 22.08.2014 passed in O.A. No. 3125/2012 by the Central Administrative Tribunal, Principal Bench (for short, 'the Tribunal'). The Tribunal by the impugned order allowed the original application preferred by the respondent and set aside the order dated 05.08.2011 whereby the appointment of the respondent as Multi Tasking Staff (MTS) was cancelled and the Tribunal directed the petitioner to resume the respondent's duty with all consequential benefits, except arrears of pay and allowances.

(3.) IN view of the aforesaid cancellation, the respondent approached the Tribunal by filing the aforesaid original application. Before the Tribunal, the stand taken by the petitioner was that in terms of office memorandum dated 12.05.2010, issued by the Department of Personnel & Training (DoP&T), recruitment to Group 'C' in pay band -I with grade pay of Rs. 1800 -in which the post of MTS fell, could be undertaken only by the Staff Selection Commission (SSC), and not by the concerned Ministry/Department. The stand of the petitioner was that in the present case, the CGIT had proceeded to make the selection on its own, while disregarding the said office memorandum. The appointment of the respondent having been done irregularly -not by the SSC but by the Presiding Officer, CGIT himself, could not be sustained and was, therefore, directed to be cancelled after calling for the explanation of the CGIT, as aforesaid vide the impugned order dated 05.08.2011.