ASHUTOSH GAUTAM Vs. JITENDER KHANNA AND ANR

JUDGEMENT

(1.) The petitioner, who was working on the post of an Assistant Legal Advisor (hereinafter referred to as "the ALA") with the respondent No. 2/ICAR, has challenged the judgment dated 3 10. 2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in an Original Application filed by the respondent No. 1, for seeking quashment of the Memorandum dated 24. 8. 2016 whereby, the respondent No. 2/ICAR had rejected his application objecting to the provisional seniority list prepared in the grade of the ALA, as circulated on 14. 1 2014 on the ground that his name had wrongly been placed below that of the petitioner, at Sr. No. 2.

(2.) The undisputed facts of the case as elicited from the records are that in year 2009, the respondent No. 2/ICAR had invited applications for filling up two posts of ALA on deputation/direct recruitment. Amongst others, the petitioner and the respondent No. 1 had applied for the said posts. The interview of the candidates was held on 21. 10. 2009. The Selection Committee held a meeting on the same date and recommended two names for appointment, one name was of the petitioner herein at Sr. No. 2 and the other was that of the respondent No. 1, at Sr. No. 1. Further, the names of two other candidates, who were selected, were placed in the reserve list. The minutes of the Selection Committee reproduced in para 2 of the impugned order read as under:-

(3.) Shri M. K. Sharma, Additional Legal Adviser Deptt. Of Legal Affairs, Min. of Law & Justice Member