Delhi High Court - Orders
Dheeraj vs Union Of India & Ors on 25 August, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13116/2019 & CM APPL. 53459/2019 & CM APPL.
53460/2019
DHEERAJ ..... Petitioner
Through: Mr. Pritish Sabharwal and Mr.
Sanjeet Kumar and Ms. Shruti Gupta,
Advs.
Versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. K.K. Tyagi and Ms. Iftekhar
Ahmad, Advs. for CWC.
Mr. Sushil Kr Pandey, Sr. Panel
Counsel with Mr. Kuldeep Singh,
Adv. for R-1 & 3.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 25.08.2022
1. The petitioner has approached this Court seeking the following reliefs:
"a] Issue a writ in the nature of mandamus or any other writ thereby directing the respondent no. 2 to consider the petitioner's Appointment to the post of Junior Technical Assistant in Central Warehousing Corporation i.e. the respondent no.2 as recorded in the order dated 23rd March 2018, passed by this Hon'ble Court.Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:26.08.2022 12:52:00
b] Reconsider the communication dated 24th October 2017 in terms of order dated 23rd March 2018, passed by this Hon'ble Court.
c] Direct the respondent no.3 to produce necessary record qua the emails dated 29.06.2017 and 04.09.2017 allegedly sent by the respondent no.2 to the petitioner. d] Any other order or orders in favour of the Petitioner as this Hon'ble Court may deem fit & proper in the facts & circumstances of the present petition."
2. After some arguments, learned counsel for the petitioner submits that since the post of Junior Technical Assistant, for which the petitioner was sent an offer of appointment by respondent no.2 through e-mail on 29.05.2017, which e-mail he never received, has already been filled by some other candidate, he at this stage does not press the petition on merits. He, however, submits that the petitioner has now become overage and, therefore, prays that he be granted age relaxation so as to enable him to participate in the next selection process for the same post.
3. Learned counsel for respondent no. 2 opposes the grant of any such relief to the petitioner by urging that even if he did not receive the offer of appointment through e-mail, as claimed by the petitioner, it was in terms of the advertisement, incumbent upon him to regularly check the concerned website of the respondent where all such information was available. Having failed to do so, the petitioner has only himself to blame, when the next suitable candidate has been appointed against the vacancy, which was offered to the petitioner.
4. Having considered the submission of the learned counsel for the parties and perused the record, I am of the considered view that at this Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:26.08.2022 12:52:00 belated stage, when the post already stands filled, no useful purpose will be served in examining the petitioner's claim that he did not receive any e-mail communicating the offer of appointment. However, taking into account that the present petition has remained pending before this Court for the last three years, during which period the petitioner has become overage, it will be unjust to deprive him of even one opportunity to apply afresh for the said post. The petitioner ought not to be penalised on account of the delay in this Court taking up his petition for consideration. I am, therefore, of the view that it will be in the interest of justice that the petitioner is granted age relaxation to apply in the next recruitment process for the same post of Junior Technical Assistant in respondent no.2.
5. For the aforesaid reasons, while dismissing the writ petition as withdrawn, it is directed that in case in the next two years, the respondents issue any fresh advertisement for selection to the post of Junior Technical Assistant in respondent no.2, the petitioner will not be treated as ineligible on the ground of being over-age, making it clear that, if he applies pursuant to such advertisement, he will be permitted to participate in the selection process as per the other terms of the advertisement.
REKHA PALLI, J AUGUST 25, 2022/acm Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:26.08.2022 12:52:00