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Judgment
Hon’ble Mr. Anand Mathur, Member (A) :
On 26.08.2022, after hearing the matter at length on the question of interim relief, the following interim order was passed:-
“Therefore, in the interest of justice, the final decision for any appointment to the post of Deputy Registrar shall be kept in abeyance till the next date of hearing. The counsel for respondents shall file reply to the interim relief within ten days. Rejoinder, if any, may be filed within a week thereafter.
The matter be put up for final disposal on the issue of interim relief on the next date of hearing i.e. 12.09.2022.”
Pursuant to the aforesaid order, a short reply was filed on behalf of the respondents opposing the interim prayer.
Today, while the matter was being argued for final disposal on the issue of the interim relief, with the consent of the learned counsels for the parties, the OA itself was taken up for final disposal.
During the course of arguments, learned counsel for the respondents stated that as per norms, the eligibility for filling up the post of Deputy Registrar is to be reckoned with effect from 1st January each year. However, in the peculiar circumstances of the present case, the approval of DoPT was sought to reckon the eligibility with effect from 1st April in the instant case. Despite this, it was found that no one in the cadre was fulfilling the eligibility criteria, even after relaxing the date from 1st January to 1st April 2020.
Learned counsel for the applicants, on the other hand, contested the statement of counsel for the respondents and stated that the applicants were eligible as on 03.12.2019 and could have been considered for promotion as per the existing Recruitment Rules. It is the case of the applicants that as per the existing Recruitment Rules, they were eligible with effect from 03.12.2019 and therefore, the respondents ought not to have issued circular dated 19.01.2022, for filling up vacant posts in Central Administrative Tribunal (CAT) on deputation basis. However, the applicants have not made any representation to the respondents.
Since the applicants have not made any representation pursuant to Notification dated 19.01.2022, it is felt that the respondents be directed to consider the averments made in this OA as a representation of the applicants. Accordingly, the respondents/Competent Authority is hereby directed to consider the averments made in the present OA as a representation of the applicants and dispose of the same by passing a reasoned and speaking order, following the principles of natural justice, within a period of two weeks from the date of receipt of a certified copy of this order. A copy of speaking order so passed be given to the applicant. Till then, the respondents shall not take any further action to fill up the vacancies on deputation basis, in terms of the impugned order dated 19.01.2022.
The OA stands disposed of accordingly. There shall be no order as to costs.