JAMES K JOSEPH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) In this Writ Petition, the petitioner seeks a writ in the nature of mandamus commanding the first respondent to appoint him as Administrative Member in the Central Administrative Tribunal, Ernakulam Bench. The brief facts of the case are as follows:

(2.) The petitioner was a member of the Indian Audit and Accounts Service. During the period from 1988 to 1995 he was the Accountant General for the State of Maharashtra, the State of Tamil Nadu and the State of Kerala. Later, during the period 1995-1996 he was Joint Secretary in the Ministry of Personnel of the Government of India. While the petitioner was holding office as Joint Secretary (Establishment) in the Ministry of Personnel of the Government of India, he took voluntary retirement from service. Thereafter, he had also served as the Managing Director of the Kerala State Industrial Development Corporation and the Kerala State Road Transport Corporation.

(3.) Three vacancies of Administrative Member in the Central Administrative Tribunal (hereinafter referred to as the CAT for short) arose during the period from 01/01/2004 to 30/06/2004. The Government of India notified the vacancies and invited applications from eligible candidates. The petitioner applied for appointment as Administrative Member in the CAT by submitting Ext. P1 application dated 23/08/2004 to the Joint Secretary (Administration), Ministry of Personnel, Government of India. The petitioner states that the post of Accountant General is a post equated to the post of Joint Secretary to Government of India and that only civil servants, who are consistent and outstanding in their performance are posted as Joint Secretary to Government of India. According to him, he had 8 years of experience in the category of Joint Secretary and was therefore eligible and qualified to be appointed as Administrative Member in the CAT.