SUNEEL TYAGI Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide the present application, the petitioner seeks direction thereby setting aside the order No. 3-IWAI/Estt/3/2015/Part dated 23.03.2018 issued by the respondent no. 3 and to treat the vacancy reserved for persons with locomotor disability. Further seeks direction thereby directing the respondents nos.1 to 3 to consider the petitioner for appointment to the post of Assistant Hydrographic Surveyor in accordance with the terms and conditions contained in the advertisement published by respondent no.3 vide their advertisement dated 04.10.2016 and if selected, appoint him to the post.

(2.) Also seeks direction to respondent no.3 to withdraw their advertisement published on 13.10.2017 and not to take any action for filling up of the post in question.

(3.) The case of the petitioner is that the respondent no.3 invited applications for filling up of three posts of Assistant Hydrographic Surveyor by direct recruitment vide their indicative advertisement published in the New Delhi Edition of the Hindustan Times Newspaper dated 04.10.2016. Out of the three vacancies, one was reserved for SCs, one for OBCs and one vacancy was Unreserved. The said post of Assistant Hydrographic Surveyor is a Group A post in level 10 of the pay matrix of 7th Pay Commission. The upper age limit prescribed for the post in question, according to the advertisement published on 04.10.2016 was 35 years as on the closing date of receipt of applications. The petitioner is an Ex-serviceman who retired on 13.07.1996 from the Indian Navy after putting up of a total service of more than 15 years. He falls within the definition of Ex-Serviceman and is entitled to all benefits available to the Ex-Serviceman.