N K TYAGI Vs. NCT OF DELHI

JUDGEMENT

(1.) By way of this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the correctness of the judgment dated 5th January, 2004 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short the 'Tribunal') in OA No. 3131/2003 whereby his claim for absorption as a Legal Assistant in the Department of Law, Justice and Legislative Affairs of the Government of NCT of Delhi w.e.f. 6.10.98 when he joined there on deputation has been rejected.

(2.) The brief facts of the case as per the case set up by the petitioner are as follows:

(3.) According to the respondents the post of Assistant Legal Advisor could be filled up by way of promotion only from amongst those departmental candidates who had rendered three years' regular service as a Legal Assistant in the department of Law and Justice which the petitioner had not done. It was also the case of the respondents that since there was no one available for promotion as a departmental candidate the said post was sought to be filled up on deputation basis and as far as the petitioner is concerned he could not be considered for that post on deputation basis because he was not holding an analogous post.