SANJAY DEVI Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) This writ petition is filed praying to set aside the order of the Central Administrative Tribunal, Chandigarh Bench (Circuit at Jammu) (hereinafter to be referred as "The Tribunal") dated 21.04.2009 made in TA No.30/JK/2006 wherein the petitioner has prayed to quash the appointment of respondent Nos. 5 to 7, as their appointments were made without inviting applications through advertisement and only on the basis that their names were sponsored through employment exchange. It is also prayed that the petitioner be ordered to be appointed as per the offer of appointment given on 29.12.2000.

(2.) The case projected by the petitioner before the Central Administrative Tribunal was that she was appointed against a vacancy which arose due to suspension of an employee in the year 1998 and the said person having been restored, petitioner was disengaged. According to the petitioner, she submitted an application based on which an offer of appointment was given to her on 29.12.2000. However, the petitioner has not been permitted to join. Since respondent Nos. 5 to 7 were appointed without calling for applications from open market, the appointments were challenged by the writ petitioner with the consequential prayer.

(3.) In answer to the said contention, the department pleaded that the petitioner having been appointed in a temporary vacancy which arose due to suspension of one Bodh Raj and suspension of said person having been revoked, petitioner was disengaged and the appointment of private respondents were made after getting sponsorship through employment exchange.