UNION OF INIDA Vs. DEVENDRA KUMAR MITTAL

JUDGEMENT

(1.) THE above referred writ petition has been filed against the judgment of Central Administrative Tribunal dated 1.6.2001 whereby the original application filed by the respondent No. 1 has been allowed partly with a direction to the respondents to hold a joint meeting of all the respondents and decide the post on which the applicant is entitled to be appointed on the basis of the report of the second medical board, thereafter, issue an appointment order to the applicant specifying the post within three months. Briefly stated the relevant facts are that the respondent No. 1 filed an Original Application No. 175/1994 in the Central Administrative Tribunal, Jaipur Bench, Jaipur challenging the order dated 24.11.1993 and Anr. order dated 24.12.1993 of the cancellation of the candidature of the applicant for appointment to the post of Deputy Superintending Surveyor Group -'A'. The applicant has also prayed for a direction to the respondents for giving appointment as per offer of appointment dated 10.12.1992 with all consequential benefits.

(2.) THE contention of the respondent No. 1 before the Central Administrative Tribunal (for short C.A.T.) was that there was no justification for cancellation of his candidature and different stands have been taken by the respondent before the Tribunal, which clearly reveal the lack of coordination which has resulted in denial of the appointment to him. The C.A.T. accepted the said submission and partly allowed the original application as detailed out herein above.

(3.) THE Counsel for the respondent No. 1 applicant submitted that after initial recommendation of unfit for all the VII categories, as per term of the appointment and the procedure, he has filed appeal within 20 days and by the second medical he was declared fit on 9.9.1992 for category (vii). The offer of appointment was also issued on 10.12.1992 for the post of Deputy Superintending Surveyor which was accepted by him but the same was later on cancelled vide impugned order dated 24.11.1993 and 24.12.1993, although he has cleared the stereoscopic fusion test in the year 1993. There was no further requirement of any medical test, still the appointment has been cancelled on medical ground, retaining the person lower in merit on the said post, on the ground of physical defect.