UNION OF INDIA Vs. POMPA CHAND

JUDGEMENT

(1.) Heard Mr. S.C. Keyal, the learned Asstt. Solicitor General of India representing the petitioners. The learned counsel Mr. S. Dutta appears for the respondent/applicant.

(2.) The challenge here is to the order dated 24.1.2014 (Annexure-E), in the O.A. No. 72/2011, whereby the learned Central Administrative Tribunal, Guwahati (in short 'the Tribunal') had directed the authorities to appoint the applicant Pompa Chanda, in the post of Technician of the Lower Power Transmission Station (LPTS), Hojai, following the selection exercise undertaken by the Prasar Bharati authorities.

(3.) Subsequently, the impugned decision was taken on 11.3.2011 (page-63) to cancel the process and to go for fresh selection and this was challenged by the two candidates, who were selected and recommended for the two vacancies. The O.A. No. 202/2011, filed by Nandita Dey, who was placed in the 2nd merit position, was dismissed as the Tribunal found that the application of Nandita Dey was entertained beyond the last date and that is why she was denied relief by the common verdict of 24.1.2014. Eventually the W.P.(C) No.1618/2014, filed by the disappointed candidate (Nandita Dey) was also rejected by this Court on 26.3.2014. But the other applicant Pompa Chanda, placed in the 1st merit position benefitted since her O.A. No. 72/2011 was allowed. The Tribunal found no vitiating factor in her selection and placement at the top of the select list and accordingly, her appointment was ordered by upholding the selection.