LAWS(P&H)-2015-8-265

PGIMER AND ORS. Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

Decided On August 18, 2015
Pgimer And Ors. Appellant
V/S
CENTRAL ADMINISTRATIVE TRIBUNAL Respondents

JUDGEMENT

(1.) Respondents No.1 and 2 in the Original Application before the learned Central Administrative Tribunal, Chandigarh Bench (for short 'Tribunal') have challenged the order dated 2.4.2014 passed by the learned Tribunal directing respondent No.1 to consider the appointment of applicant as Clerk on notional basis w.e.f. the date when the last person appointed, as a result of the subject selection, joined as Clerk and accord consequential benefits by way of seniority and promotion.

(2.) Respondent No.2 herein who was the applicant before the learned Tribunal contended in his petition that he was serving as a Ward Servant on daily wage basis from 6.2.1991. His services were regularized w.e.f. 21.4.1994. The petitioners herein issued Notification on 6.9.1995 calling for applications to fill up 26 posts of Clerks through Employment Exchange, Chandigarh and from amongst the regular employees of PGI working in the lower posts. Respondent No.2 herein appeared in the typewriting test held on 9.12.1995 and his name was shown at Sr.No.2 in the merit list prepared by the petitioners herein on the basis of his scoring 40.2 Words Per Minute in the typewriting test. He was asked to appear before the Selection Committee for interview on 7.2.1996. The applicant was surprised to learn that the persons who were lower in merit were given appointment.

(3.) In the writ petition, the petitioners herein submitted that respondent No.2 herein was not found suitable by the Selection Committee as he was awarded 'Minus C' grade with the remarks "no office experience, no computer experience, G.K. Minus B".