Sandeep Jain vs Union Of India And Ors

L. Narasimha Reddy, J

The applicant is borne on the rolls of National Museum and was holding the post of Lay Out Artist. He responded to a Notification issued by the President Secretariat, the 2nd respondent herein, for the post of Deputy Director (Artist). He was selected and appointed through order dated 02.09.2011. Initially, he was kept on probation for a period of two years. However, the probation was not declared and it was being extended from time to time.

This OA was filed at a time when the respondents were not confirming the probation. The applicant sought two reliefs, namely, (i) to direct the respondents to keep the lien in the office of National Museum, his original employer, and (ii) to direct the 1st respondent to confirm him on the post of Deputy Director (Artist). Miscellaneous Application is also filed to amend the OA.

Heard Shri M. K .Bhardwaj, learned counsel for the applicant, Shri S. N. Verma, learned counsel for respondent Nos.1 & 4 and Shri Sanjay K. Shandilya, learned counsel for respondent Nos.2 & 3.

This OA was filed at a time when the applicant was continuing to hold the post of Deputy Director (Artist), and his grievance was only about his non confirmation. Even while this OA was pending, the respondents passed an order dated 02.02.2018 refusing to confirm him in the post of Deputy Director. That, in turn, was challenged in OA No.667/2018 but unsuccessfully. It is represented that a writ petition on that behalf is pending before the Hon'ble Delhi High Court.

Once the applicant is not holding the post of Deputy Director (Artist), and is at present continuing in the original post in the National Museum, none of the reliefs claimed in this OA, become relevant. The OA is accordingly dismissed, leaving it open to the applicant to work out the remedies, depending upon the outcome of the pending writ petition.

There shall be no order as to costs.