Sita Bora vs Union Of India & Others

Manoj Kumar Tiwari, J

Petitioner has challenged the judgment dated 19.10.2016, passed by Central Administrative Tribunal, Allahabad, Circuit Bench at Nainital, in Original Application No. 331/ 00083/ 16. By the said judgment, Original Application filed by the petitioner was dismissed on the ground of delay.

It is not in dispute that in a selection held by Union Public Service Commission, petitioner was selected for appointment as Geologist. Director General, Geological Survey of India offered appointment as Geologist to the petitioner vide order dated 05.11.2013, whereby petitioner was asked to join duties in the Office of Deputy Director General, Hyderabad between 09.12.2013 and 13.12.2013.

According to the petitioner, she was selected for Ph.D. programme in Geology Department of Kumaon University in the year 2011 and she was pursuing Ph.D. in 2013 when appointment was offered to her, therefore, she made an application on 16.11.2013 to the Director General Geological Survey of India with a request to grant her one year extension in joining time.

Office of Director General responded vide letter dated 12.12.2013 by which the joining time was extended upto six months, i.e. upto 04.05.2014, and petitioner was informed that if she fails to join within the extended time, then the offer of appointment will be treated as cancelled. On 08.01.2014, office of Director General wrote a letter to the petitioner stating that on her request, joining time was extended for six months, but, petitioner has not indicated her willingness to join within the stipulated time and she was asked to give her consent for joining duties, on or before 04.05.2014, failing which offer of appointment made to her shall be cancelled. Petitioner, thereafter, made an application on 01.04.2014 to the Director General seeking further extension in joining time for a period of six months. Office of Deputy Director General (P&A) thereafter issued a letter to petitioner on 22/ 23.01.2015, whereby she was asked as to whether she has any objection regarding fixation of depressed seniority as per extant rules, as one subsequent batch of Geologist Exam -2012 has joined during the interregnum.

Petitioner responded to the said letter on 04.02.2015 by stating that she has no objection regarding fixation of depressed seniority as per Rules and she also stated that she is sending her consent, sought vide letter dated 22/ 23.01.2015, through fax and hard copy thereof by Speed Post. Petitioner thereafter sent a reminder on 01.04.2015 reiterating that she has no objection against fixation of depressed seniority as per the applicable rules. Vide letter dated 16/ 17.12.2015 issued by Deputy Director (P&A), petitioner was informed that her consent for fixation of depressed seniority for her appointment as Geologist was forwarded to Ministry of Mines on 17.03.2015 and reply from the Ministry is still awaited. Petitioner has relied upon order passed by Geological Survey of India on 23.08.2016 which is enclosed as Annexure-15 to the writ petition, for contending that three candidates, whose names are mentioned in the order, were given joining after expiry of joining time, pursuant to judicial orders. Thus, she submits that she is also entitled to similar benefit.

Learned Tribunal has dismissed the Original Application on the ground of delay. From perusal of the impugned judgment, it is revealed that the appointment offered to the petitioner was cancelled by Ministry of Mines vide order dated 26.04.2016, and the said cancellation order was challenged by her in the Original Application.

As mentioned above, petitioner was informed vide letter dated 16/ 17.12.2015 that her consent regarding fixation of depressed seniority on the post of Geologist is pending consideration before the Competent Authority in the Ministry of Mines. The no objection was given by the petitioner in response to order dated 22/ 23.01.2015 issued by Deputy Director General (Annexure-9 to the writ petition), therefore, petitioner was under a bonafide impression that her matter is consideration and she would be permitted to join duties pursuant to the offer of appointment given to her. The offer of appointment was cancelled only on 26.04.2016 and the Original Application was also filed by her in 2016, which was dismissed vide judgment dated 19.10.2016, therefore, dismissal of the Claim Petition on the ground of delay does not appear to be justified. Section 21(a) of the Administrative Tribunals Act, 1985 provides limitation period of one year for filing an original application before the Tribunal, and the original application was filed well within the period of limitation.

In such view of the matter, we allow the writ petition and set aside the impugned judgment dated 19.10.2016. The matter is remanded back to the Tribunal for decision afresh, on merits.