Tribunals and CommissionsDivision Bench(2019) 04 CAT CK 0076

Gajender Sharma And Ors vs Delhi State Industrial & Infrastructure

Central Administrative Tribunal · Decided on 9 April 2019

HON’BLE JUDGES
L. Narasimha Reddy, J · Mohd. Jamshed, Member (A)
RESULT
Disposed Off
CASE NUMBER
Original Application No. 177 Of 2019

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Judgment

6 paragraphs · 291 words

L. Narasimha Reddy, J

1.

This OA is filed challenging the Circular dated 28.12.2018 issued by the respondents proposing to absorb on permanent basis, the Engineers at various levels who are working on deputation in the respondent organisation. The principal ground urged by the applicants is that the Recruitment Rules do not provide for absorption, and the circular cannot be sustained in law.

2.

The respondents filed a counter affidavit stating inter alia that the Recruitment Rules have been amended on 22.01.2019 providing for such absorption.

3.

We heard Shri A. P. Dhamija with Shri Madhav Shah, learned counsel for the applicants and Shri P. N. Misra, Senior Advocate, Shri J. K. Sahoo and Shri Nayan Dubey for Shri Gaurang Kanth, learned counsel for the respondents.

4.

The grievance of the applicants is vis-a-vis the Circular dated 28.12.2018. Their plea that it cannot be sustained in law since the Recruitment Rules do not provide for absorption, stands fortified on account of the fact that the respondents have themselves felt that necessity and amended the rules on 22.01.2019 providing for absorption. In that view of the matter, the circular has become redundant. Learned counsel for the respondents submits that it shall be treated as having been withdrawn. Naturally, any order passed on the basis of the said circular shall also stand set aside.

5.

The OA is accordingly disposed of taking the view that the impugned circular and orders passed on the basis of the same shall have no legal sanctity. In case the applicants feel aggrieved by the amendment of the Recruitment Rules or any steps based on that, it shall be open for them to pursue the remedies in accordance with law. There shall be no order as to costs.