AJUMOL P R Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the applicant in O.A.No.180/00618/2020 on the file of the Central Administrative Tribunal, Ernakulam Bench. She had approached the Tribunal praying for a declaration that she is entitled to reckon her service from 1.1.2015 onward, as qualifying service for being considered for appointment to the post of Postal Assistant. The petitioner/applicant also sought for an interim order to permit her to provisionally attend the examination for selection to the post of Postal Assistant. The Tribunal admitted the original application but refused to grant an interim order permitting the petitioner/applicant to provisionally attend the examination to be held on 20.12.2020 as part of the selection process for the post of Postal Assistant. Ext.P2 is the order dated 17.12.2020 by which interim relief was refused.

(2.) Smt.Rekha Vasudevan, the learned Counsel appearing for the petitioner/applicant submits that she has a strong prima facie case and the balance of convenience is also in her favour for grant of the interim relief sought for. She also contends that irreparable injury would be caused if her client is not permitted to write the examination on a provisional basis. She would refer to Annexure A1 dated 2.1.2015 produced before the Tribunal to contend that she is entitled to count her service from 1.1.2015. She also refers to Ext.P3 order in M.A.No.180/00784/2020 in O.A.No.180/00721/2016 dated 17.12.2020 wherein the Tribunal has granted an order permitting the applicant therein to write the examination on a provisional basis. She would submit that the beneficiary of Ext.P3 interim order had joined service much after her.

(3.) We have heard the learned Assistant Solicitor General of India for the respondents. The learned ASGI would point out that it is clear from Annexure A1 order itself that the service of the petitioner/applicant would commence only on the date she assumes charge, which by Annexure A2 is only on 15.01.2015.