R S MEWATI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner assails the order dated 27. 08. 2007 passed by the Central administrative Tribunal, Principal Bench, New Delhi in O. A. No. 149/2007 titled "r. S. Mewati v. Union of India and Ors. ". By the impugned order the aforesaid original Application filed by the petitioner to seek direction to the respondents, inter alia, to adhere to the select panel prepared by the respondents for making appointment to the post of General Manager, Delhi Milk scheme, wherein the petitioner had been placed at serial No. 2, has been dismissed on a finding that the no reserve panel or waiting list had been prepared by the selection committee. The challenge to fill up the said vacancy by the petitioner on the ground that he was on the waiting list/reserve panel was, therefore, rejected.

(2.) THE petitioner, at the relevant time, was working as Joint General Manager in Ordnance Cable Factory, Ministry of Defence. The respondent, Government of india, Ministry of Agriculture vide their O. M. dated 16. 03. 2005 circulated the post of General Manager to be filled through officers of All India Service or central Service Group A on deputation basis. The petitioner being eligible applied for the said post. The Selection Committee placed the three applicants in order of merit. One Sh. S. K. Srivastava was placed at No. 1 and the petitioner was placed at No. 2 position. Sh. S. K. Srivastava was offered the post of General Manager, DMS, which he joined on 27. 04. 2006. However, within a period of less than six months i. e. on 30. 09. 2006 he was repatriated to his parent department.

(3.) THE petitioner upon learning of the repatriation of Sh. S. K. Srivastava staked his claim for the post of General Manager, DMS by claiming that the selection Committee had prepared a select panel and that he was next in line for being offered the said position as Sh. S. K. Srivastava had vacated the said position within six months. He submitted that on the basis of the office memorandum dated 13. 06. 2000 issued by the dopandt, Ministry of Personnel, Public Grievances and Pensions, Government of india, the respondents were obliged to operate the reserve panel and that they could not have treated the vacancy created by the repatriation of Sh. S. K. Srivastava as a fresh vacancy and undertaken a fresh process of recruitment.