Document Fragment View
Fragment Information
Showing contexts for: selection process completed in Aadi Shakti Pandey And 34 Ors vs Union Of India And 5 Ors on 7 February, 2017Matching Fragments
"Clearance for completing the selection process in respect of workmen, wherein advertisements/notifications were issued before 6.4.13, by following the Rules prevailing prior to issue of the revised Recruitment Manual was given to the Divisions/Offices vide letter No. HAL/HR/27(30)/2013/01 dated 14.9.13.
2. The matter is reviewed. The Division is advised to put on hold all Recruitmments in the Workmen Cadre, till further orders.
3. No final Offers of Appointment to be issued/Interview to be carried out till clearance is given by Corporate Office."
9. Thereafter an amendment application was moved by the petitioners, which was allowed by this Court as noticed above. A counter affidavit to the amendment application has also been filed annexing therewith a copy of order dated 14.9.2013, which is also quoted as under:
"Divisions/Offices were advised vide letter No. HAL/HR/27(30/2013 dated 6.4.13 to put on hold all Recruitments in the Workman cadre, till further orders.
2. The matter is reviewed and the following decisions are taken:
i) In respect of Advertisements/Notifications issued before 6.4.13, Divisions/Offices can complete the selection process now, as per the Rules prevailing prior to issue of the revised Recruitment Manual vide letter No. HAL/HR/27(1)/2013/MRR dated 16.7.13. The weightage of Marks for Written Test and Interview will be 85% & 15% respectively, where interviews are to be conducted.
19. At the very outset, submission of Sri Ashok Khare, learned Senior Advocate that the reasons assigned in the communication dated 22.10.2013 for withholding appointment was legally impermissible reason as a new/revised recruitment manual having been published on 14.9.2013 and thus, there has been change in rules of the game, are clearly not attracted in the present case as the order dated 14.9.2013 is clear on the issue. In paragraph 2(i) it has been provided that in respect of advertisements/notifications issued before 6.4.2013 (recruitment in pursuance whereof was put on hold vide order dated 6.4.2013), Divisions/Offices can complete the selection process now, as per the Rules prevailing prior to issue of the revised Recruitment Manual. Moreover, paragraph 2(ii) further clarifies that the revised manual is to be followed for future selection. Further, by the order dated 22.10.2013 the Division was advised to put on hold all recruitments in the Workmen Cadre till further orders and thus, it was only an order of stay and not of cancellation on that basis. The reason for cancellation of recruitment has been assigned in the order dated 4.5.2016 only that the matter is reviewed keeping in view the existing manpower and work load of the Division and the projects like IJT and MTA, which are already delayed, would take longer time to get materialized and as such, there is no requirement for induction of "additional" manpower in the division and therefore, the Division was advised to cancel the provisional offers of appointment issued to the candidates with reference to the advertisement issued during the year 2011. Thus, this argument that there is a change in rules of the game, is not at all attracted in the present case and is hereby rejected.