RINA PAL Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Applicant, a Group 'D' Stenographer in the Debt Recovery Tribunal, has impugned the judgment and order of the learned Tribunal. The grievance of the applicant is that the learned Tribunal has not understood the agony of a staff of another Tribunal. To amplify this, we narrate the short fact.

(2.) Pursuant to advertisement, the applicant was sponsored by the local employment exchange, having been found suitable, to participate in the selection process for appointment of Grade 'D' stenographer in the then newly formed. Tribunal; namely Debt Recovery Tribunal. Admitted position was and still is, the applicant was selected. She was given appointment on ad hoc basis and such ad hoc appointment was accepted by the applicant. The period of ad hoc appointment continued for some time. During currency of her service on ad hoc basis, there had been a Central Government Notification whereby and whereunder the existing employees, recruited on ad hoc basis, were offered opportunity for exercising option to remain in the regular employment of the Tribunal. Pursuant to such notification, the applicant exercised option to be absorbed. In spite of such option being exercised, nothing was done; on the other hand, her period of service was not extended. Feeling aggrieved by the aforesaid in-action and/ or refusal to regularise the applicant, the learned Central Administrative Tribunal was approached.

(3.) Learned Tribunal thought that employment of the applicant was not in accordance with the Recruitment Rules and Process so by necessary implication principles laid down therein came into play. New vacancy having arisen, relief for regular appointment was sought before the Debt Recovery Tribunal. In the fresh selection process, applicant was given a chance to participate though her period of service on ad hoc basis could be treated to be an added advantage.