UNION OF INDIA Vs. MEGH RAJ AND OTHERS

JUDGEMENT

(1.) The instant petition filed under Article 226 of the Constitution is directed against judgment dated 17.8.2009 passed by the Central Administrative Tribunal, Chandigarh Bench (for brevity the 'Tribunal'). The Tribunal has reached a conclusion that for the year 2004, an additional vacancy was available and Review DPC was to be constituted to treat that vacancy for the year 2004 on notional basis. The aforesaid view was taken by the Tribunal on account of its earlier order passed in Satwant Singh's case in OA 462-PB- 2006 decided on 18.8.2005 as also in OA No.4-CH-2009 decided on 14.7.2009 (Joginder Lal Jain v. Union of India). Accordingly, a direction was issued to the writ petitioner-respondent in a bunch of original applications where the respondent-Megh Raj was also a party to hold a review meeting of the Selection Committee for one additional vacancy for the year 2004 for considering all the eligible officers.

(2.) It is not disputed that in the Review DPC, Shri Amrit Lal Garg who was senior to original applicant-respondent No.1-(Shri Megh Raj) was selected and his name has been recommended as is evident from the communication dated 8.11.2010 sent by Union Public Service Commission to the Secretary to the Govt. of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi (mark 'A'). It is further clear that the aforesaid document was placed before the Tribunal where the contempt proceedings were initiated by the aforementioned Shri Amrit Lal Garg. A perusal of the order dated 12.11.2010 shows that Central Govt. counsel undertook that the relevant notification would be issued within a period of one month from that date and relevant pecuniary benefits were also to be disbursed to the aforementioned Shri Amirt Lal Garg.

(3.) Accordingly, it has been urged that the present petition has been rendered infructuous as the order has been implemented and person senior to the original applicant-respondent No.1-Shri Meg Raj has been recommended and the notification is likely to be issued.