The petition challenging an order of the Central Administrative Tribunal regarding seniority in Junior Physical Education Teachers was dismissed. The court held the issue academic as the impugned decision had already been implemented and respondents had retired.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~12
GOVT. OF NCT OF DELHI AND ORS ..... Petitioners Through: Mr.Naushad Ahmed Khan, ASC (Civil) for GNCTD with Mr.Manzar Anis, Advocate
versus RAJ KUMAR BHARDWAJ AND ORS. ..... Respondents Through: None. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE DEEPA SHARMA O R D E R % 03.05.2017
seniority in 1986 list. The background facts that have been set out in the impugned order of the Tribunal, we consider it appropriate to reproduce it so as to appreciate the context in which the impugned order has to be passed, which is as under:
“2.1 Respondents authorities were considering recruitment to the posts of Junior PETs in the year 1981 and were conducting interviews of candidates sponsored by Employment Exchange. While the interviews were on, there was demand from outstanding Sportsmen/Women that their cases should also be considered in accordance with the instructions of Government of India communicated in O.M.No.14/1/72-Estt.(D) dated 28.12.1972 although they were not sponsored by Employment Exchange. Their demand was accepted and the respondent authority invited applications through advertisement in the press. After receiving such applications the interrupted interview was taken up again in the months of January and February, 1982 and concluded on 15.02.1982. Prior to publication of the final panel of selected candidates, a list without assigning any inter se – seniority was drawn up and displayed on the notice board. With the prior approval of the Administrator Delhi, 20 male and 10 female candidates out of this interim list were sponsored in the month of October, 1981 to the Districts and appointed. Nevertheless, on completion of the series of interviews a full fledged panel of 88 male and 45 female candidates was drawn up, out of which 25 male and 10 female candidates were appointed on 20.03.1982. Tentative seniority lists of Junior PETs was issued on 16.05.1982 and 13.12.1986. After taking into consideration objections received, a final seniority list was issued on 24.12.1986. According to the applicants, this seniority list was prepared on the basis of the final merit list of the candidates prepared in the year 1982. This seniority list held the field for a considerably long time until at the
representation of some candidates, a new tentative seniority list was issued on 23.11.2001. The applicant No.1 represented against his wrong placement on 07.02.2002. Brushing aside his objections on the ground that it was received a few days after the cut off date, a new seniority list was finalised on 18.11.2003 in which the applicants were brought down in their order of seniority and some of the private respondents were advanced. Thereafter, a fresh Corrigendum was issued to that list on 30.11.2006 in which the positions of the applicants were further downgraded. Their objections against the new seniority list published on 30.11.2006 were rejected and in the DPC held on 21.06.2007 some of their juniors were promoted; hence this OA.”
issue is no longer alive, we are not inclined to examine the impugned order on its merits.
VIPIN SANGHI, J
DEEPA SHARMA, J MAY 03, 2017 rb
GOVT. OF NCT OF DELHI
RAJ KUMAR BHARDWAJ
VIPIN SANGHI
DEEPA SHARMA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
