NEENA GANDHI Vs. UOI AND ORS.

JUDGEMENT

(1.) - Neena Gandhi, the petitioner in this writ petition, impugns the final order and judgment dated 26th June, 2003 passed by the Principal Bench of the Central Administrative Tribunal, New Delhi, whereby her OA No. 1610/2003, seeking regular appointment to the post of Lower Division Clerk (LDC) under Rule 5 of Debts Recovery Tribunal-II, Delhi (Group C and D posts) (Non-Gazetted) Recruitment Rules, 2002, has been dismissed.

(2.) The facts are not in dispute. They are:

(3.) A reading of the office order/letter dated 4th June, 2001 would show that petitioner was appointed to the post of LDC in the DRT-II, Delhi i.e. Debts Recovery Tribunal-II at Delhi. For some reasons, which the respondents are unable to explain and clarify, vide notification dated 11th March, 2002, published in the Gazette of India, G.S.R.187(E), separate Rules i.e. Debts Recovery Tribunal-II Delhi, (Group 'C' and 'D' posts) (Non-Gazetted) Recruitment Rules, 2002, were published and promulgated with effect from 11th March, 2002. The respondents, for unfathomable and unexplained reason or justification, did not follow and apply The Debts Recovery Tribunal, Delhi (Group 'C' and 'D' posts) (Non-Gazetted) Recruitment Rules, 1998, which were in force and applicable with effect from 29th Dec., 1998 for the posts in Debts Recovery Tribunal-I, Delhi. It is accepted by both sides that separate rules were published and notified on 11th March, 2002, for the posts in the Debts Recovery Tribunal-II.