VEENA TYAGI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant presently working as Joint Director, Knowledge Based Computing System at Centres for development of Advanced Computing System, has filed this O.A., challenging her contractual appointment vide letter of appointment dated 5.11.2007 on the ground of discrimination and arbitrariness. Briefly stated, the facts of the case is that the applicant, a M. Tech in Computer Science from IIT, Roorkee in 2006, worked in various organizations under Ministry of Communication and Information Technology after completion of her B. Tech from IIT Kharagpur in the year 1992. Presently, the applicant is the Technical Group Head of CDAC, Kharghar.

(2.) THE respondents have filed their reply. The contentions of the respondents are, inter alia, as follows:

(3.) FROM a perusal of the advertisement dated 16.05.2007 it appears that C -DAC advertised only one post of Sr. Research Scientist and for appointment in the said post only, the applications were invited from eligible candidates. The applicant as well as the respondents have annexed the minutes of the Selection Committee meeting held on 29.10.2007. In the said minutes it was clearly mentioned that the number of post was only one and appointment in the post of Sr. Research Scientist will be a regular appointment. However, the Committee made a panel in order of merit of three candidates. In the chart containing these three names it was mentioned that Smt. Padmaja Joshi was selected for regular post and the applicant, being in the second position, was appointed on five year contract basis. It is submitted that the candidate at the third position in the panel did not continue service in CDAC.