SHAKEEL AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant Original Application filed under Section 19 of the Administrative Tribunals Act, 1985 impugns the order dated 19.07.2012 of the respondent No. 1 questioning postponement of the personal talk scheduled to be held on 20.07.2012 on the ground that respondent No. 3 had 34 years working experience and had been granted relaxation of three months in the qualifying period so as to gain eligibility.

(2.) THE applicant has sought the following relief(s): - -

(3.) THE principal ground adopted in the OA is that as per Clause No. 2 of the advertisement, the departmental officers in the feeder category in direct line of promotion were not eligible for consideration for appointment on deputation including short term contract. Further, the deputationists were also not eligible for promotion. Hence, the communication of respondent No. 1 to respondent No. 2 dated 19.06.2012 to include the name of the respondent No. 3 was against their own advertisement and terms of contract and hence violative of principles of natural justice, which is grossly prejudicial to the interest of the applicant. The candidature of all the departmental employees had been considered before the advertisement had been issued. The claim of the applicant as an internal candidate had already been rejected whereas the respondent No. 3, who did not fulfill the essential qualification as per the terms of the advertisement dated 10.12.2011, had been wrongly appointed.