Sh. Arun Kumar Rao vs Union of India (UOI) and Another

Anil Kumar, J.—The petitioner has challenged the order dated 24th April, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 1090 of 2009 titled as ''Sh. Arun Kumar Rao v. Union of India and Ors.'' dismissing his application for setting aside the order dated 13th October, 2008 passed by the Director, Government of India, Ministry of Environment and Forests, New Delhi declining any offer for job to the petitioner.

Brief facts to comprehend the controversies between the parties are that the petitioner joined the post of Store Keeper in Zoological Survey of India on 30th July, 1975. During the extended period of probation, the services of the petitioner were terminated, which was challenged by the petitioner before the Calcutta High Court. The Single Judge of the Calcutta High Court had dismissed his petition, however, the Division Bench had allowed the petition challenging his termination by order dated 07th December, 1981.

The respondents had challenged the order dated 07th December, 1981 passed by the Division Bench, in the Supreme Court. The order of the Division Bench was set aside, however, the Supreme Court had also observed that the respondent should provide some job to the petitioner.

Though the petitioner was on probation as Store Keeper when his services was terminated, however, pursuant to order of the Supreme Court, he was offered appointment to the post of L.D.C. After receipt of the offer of appointment to the post of L.D.C., the petitioner had to convey his willingness which was not given by him despite reminders, nor petitioner joined the post of LDC. The petitioner had approached the Supreme Court, however, it was held on 4th August, 1987 that the petitioner had a liberty to accept or decline the offer made by the respondents, and in case of acceptance, the petitioner had to join the post of LDC offered to him within 8 weeks, which was not done by the petitioner.

The petitioner has also admitted that he was filed a contempt petition before the Supreme Court which was declined, however, the petitioner has not given the details of the same.

This is also not disputed that after the order dated 23rd January, 1986 was passed by the Supreme Court, the petitioner approached the Tribunal after about 19 years. The Tribunal passed the order dated 6th July, 2007 directing the respondents to dispose of the mercy petition of the petitioner within a period of two months, and pursuant thereto, an order dated 11th May, 2007 was passed.

The plea of the petitioner that he did not accept the offer of appointment to the post of LDC as it was not issued by the President of India was not accepted by the Tribunal as the offer of appointment was under the signature of Joint Director, Incharge Zoological Survey of India. It was held that once the order was communicated to the petitioner in pursuance to the direction of the Supreme Court, there was no need to pass an order by the President of India. The Tribunal also noticed that the petitioner is unable to explain the delay of 19 years.

From perusal of the record, it also transpires that an MA No. 1021 of 2008 was filed by the petitioner which was disposed of by order dated 28th July, 2008 pursuant to which an order dated 13th October, 2008 was passed by the respondents. The order stipulates that the petitioner did not join the post of LDC within the time stipulated, and therefore, there was no ground, nor it was feasible to offer any job to him at this juncture.

The petitioner is unable to show any cogent ground to this Court to interfere with the order of the Tribunal dated 24th April, 2009 passed in O.A. 1090 of 2009. The offer was made to the petitioner for the post of LDC pursuant to the order of the Supreme Court and the petitioner had filed an application for contempt against the respondents, which was dismissed by the Supreme Court. In the facts and circumstances, we do not find any illegality or irregularity in the order dated 24th April, 2009 so as to interfere with same in exercise of our jurisdiction under Article 226 of the Constitution of India.

The writ petition is without any merit, and it is, therefore, dismissed.