Delhi High Court - Orders
Kaushal Kishor vs Union Of India & Ors on 17 February, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher, Talwant Singh
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3016/2022 & CM Nos.8752-53/2022
KAUSHAL KISHOR ..... Petitioner
Through ; Ms Rashmi Chopra Advocate with
Ms Sonali Batra and Ms.Vatsala
Chandra Chaturvedi, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr Anshuman and Mr Tanveer
Ahmed, Advocates for R1/UOI.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 17.02.2022 [Physical hearing/hybrid hearing (as per request)] CM No.8753/2022
1. Allowed, subject to the petitioner filing legible copies of dim documents, at least three days before the next date of hearing. W.P.(C) 3016/2022 & CM No.8752/2022[Application filed on behalf of the petitioner seeking interim relief]
2. To be noted, this writ petition is directed against the order dated 31.01.2022, passed by the Central Administrative Tribunal [in short "the Tribunal"] in M.A. Nos.212/2022 and 213/2022 preferred in O.A. No.1877/2021.
2.1. The substantive reliefs sought by the petitioner in the aforementioned O.A. read as follows:
"(i) quash and set aside the order(s) dated 01.04.2021 & 16.09.2019 and consequently issue letter of Appointment to the Applicant in terms of the selection list dated 19.05.2017;W.P.(C.) 3016/2022 1/3 Signature Not Verified Signed By:MAMTA RANI Signing Date:20.02.2022 23:07:04
In the Alternative (without prejudice).
(ii) to direct the Respondents to consider the candidature of the Applicant by giving the benefit of age relaxation for the vacant post of Staff Car Driver (Ordinary Grade) with the Respondents No.2 &s 3 in the subsequent recruitments.
(iii) accord all consequential benefits thereafter;
(iv) award cost of the proceedings;"
3. Ms Rashmi Chopra, who appears on behalf of the petitioner, says that insofar as the petitioner is concerned, he cannot apply against the recent advertisement taken out by the respondent nos. 2 and 3, in effect, Central Ground Water Board [in short, "CGWB"] in view of the fact that the petitioner he has crossed the maximum age limit provided therein i.e., he is overage.
3.1. Ms Chopra submits that in and about 2014 the petitioner commenced working for the respondent/CGWB, albeit on contract basis. 3.2. It is also Ms Chopra's contention that an advertisement was taken out by respondent/CGWB in August 2015 for appointment of drivers. It is stated that the petitioner was selected, and, thereafter, the recruitment process was aborted in 2019.
3.3. It is, therefore, Ms Chopra's submission that the respondents could not have aborted the recruitment process [initiated against the August 2015 advertisement], without a reasonable cause. 3.4. She further submits that since the recruitment process which started in 2015, as indicated above, was aborted in 2019, the petitioner approached the Tribunal on an earlier occasion via O.A. No.447/2021. The Tribunal W.P.(C.) 3016/2022 2/3 Signature Not Verified Signed By:MAMTA RANI Signing Date:20.02.2022 23:07:04 disposed of the said O.A., via order dated 26.02.2021. At that juncture, the Tribunal granted liberty to the petitioner to make a comprehensive representation to the respondent/CGWB with a further direction that the respondents will pass a speaking order qua the petitioner's representation.
4. The record shows that the second round of litigation before the Tribunal [via O.A. No.1877/2021], commenced with the respondents/CGWB disposing of the petitioner's representation via order dated 01.04.2021.
4.1. The record also shows that the respondent/CGWB has taken out a fresh advertisement, for which, we are told, the cut-off date is 22.02.2022. Therefore, while even according to respondent/CGWB, sanctioned posts are available, the process on an earlier occasion was aborted. 4.2. The petitioner claims that though the recruitment process was earlier aborted after selections had been made, but before the appointment letters were issued.
5. Accordingly, issue notice to the respondents. 5.1. Mr Anshuman accepts notice on behalf of the respondent no.1/UOI. 5.2. On steps being taken, notice shall issue to respondent nos. 2 to 4, via all permissible modes, including e-mail.
6. List the matter on 04.03.2022.
RAJIV SHAKDHER, J TALWANT SINGH, J FEBRUARY 17, 2022/dc Click here to check corrigendum, if any W.P.(C.) 3016/2022 3/3 Signature Not Verified Signed By:MAMTA RANI Signing Date:20.02.2022 23:07:04