Delhi High Court
Govt Of Nct Of Delhi Thorugh Chief ... vs Mahesh Kumar Saini on 24 May, 2023
Neutral Citation Number: 2023: DHC: 3627-DB
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: May 24, 2023
3
+ W.P.(C) 6718/2023 & CAV 261/2023, CM APPLs. 26288/2023 and
CM APPL. 26289/2023
GOVT OF NCT OF DELHI THORUGH CHIEF SECERETARY &
ORS. ..... Petitioners
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD with Ms. Tania
Ahlawat, Mr. Nitesh Kumar Singh,
Ms. Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam,
Advocates.
versus
MAHESH KUMAR SAINI ..... Respondent
Through: Ms. Rashmi Chopra, Ms. Sehr Chopra
and Mr. Puneet Rathi, Advocates.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO (Oral)
CM APPL. 26289/2023
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
CAV 261/2023
3. As Ms. Rashmi Chopra, learned counsel for the respondent has
entered appearance, the Caveat stands discharged.
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
W.P.(C) 6718/2023 Page 1 of 4
Signing Date:29.05.2023
15:42:41
Neutral Citation Number: 2023: DHC: 3627-DB
W.P.(C) 6718/2023 & CM APPL. 26288/2023
4. The challenge in this writ petition is to an order dated January 04,
2023, passed by Central Administrative Tribunal ('Tribunal', in short) in
O.A. 1807/2021, whereby the Tribunal has allowed the Original Application
by stating in paragraphs 7 & 8 as under:
"7. We accordingly allow the OA directing the respondents
to consider the candidature of the applicant for appointment
to the post of Computer Operator and Programming
Assistant, Post Code No.115/14 and issue necessary order
of appointment subject to verification of the aforesaid
certificate, as also compliance of other procedural
formalities. However, it is directed that the applicant shall
not be entitled to any arrears of pay. The appointment order
should be issued within a period of three months from the
date of receipt of a certified copy of this order, failing which
the applicant shall also be entitled to 25%of the arrears of
salary.
8. It is also worth mentioning that in the present case one
seat of Post Code No.115/2014 in OBC category has
already been reserved in terms of the directions given by
this Tribunal on 27.08.2021 against which the applicant can
be easily adjusted.
No order as to costs."
5. The submission of Mrs. Ahlawat, learned counsel for the petitioners is
that the Tribunal could not have given the direction in the manner it has
given in para 7, when there is serious doubt as to whether the respondent
possesses the necessary experience/eligibility of three years. She also
submits that the Tribunal could not have overlooked the fact that the
respondent having not uploaded his relevant documents at the first instance,
could not have done so at a later stage and the same could not have been
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
W.P.(C) 6718/2023 Page 2 of 4
Signing Date:29.05.2023
15:42:41
Neutral Citation Number: 2023: DHC: 3627-DB
considered by the petitioners.
6. On the other hand, Ms. Chopra would oppose the petition on the
ground that the Tribunal while giving the directions in para 7, have relied
upon the judgment of this Court in the case of Tanya Sharma vs. DSSSB &
Ors., W.P.(C) 2810/2022, which order is primarily with regard to the issue of
uploading the documents at a later stage and this Court had justified the said
action on the part of the candidate and her appointment has been upheld. She
also submits that the Tanya Sharma (supra) has also been followed by this
Court in the case of DSSSB & Anr. vs. Khushboo Singhal,
W.P.(C)5592/2023.
7. In so far as the experience of the petitioner is concerned, Ms. Chopra
has relied upon page 169 of the paper book to contend that the respondent
infact has the necessary experience as he was in terms of the letter dated
September 12, 2006, appointed as a faculty in Suman Computers Pvt. Ltd.
and he continued to work on the said post till 2010. It is this document and
the document at page 138 experience certificate, which were uploaded by the
respondent on November 25, 2020 and April 07, 2021 in support of his case
that he has the relevant experience. She submits that when infact, the
respondent has the necessary experience, there was no reason for the
petitioners to overlook the experience and deny the appointment of the
respondent.
8. Having heard the learned counsel for the parties and noted the
directions given by the Tribunal, we modify the directions at para 7 of the
order of the Tribunal by stating that the petitioners shall consider the
candidature of the respondent for appointment to the post of Computer
Operator and Programming Assistant (COPA) (Post Code no. 115/14) by
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
W.P.(C) 6718/2023 Page 3 of 4
Signing Date:29.05.2023
15:42:41
Neutral Citation Number: 2023: DHC: 3627-DB
making such inquiries with regard to the documents submitted by him on
November 25, 2020 and April 07, 2021 respectively and if they conclude that
he has the relevant experience, then they shall issue necessary order of
appointment after following the other formalities. This exercise shall be
carried out by the petitioners within eight weeks from today as an outer limit.
The direction of the Tribunal in so far as that if the appointment order is not
issued within three months, the respondent shall be entitled to the 25% of the
arrears of the salary is concerned, the same be set aside.
9. We make it clear that the petitioners shall carry out the process within
eight weeks from today.
10. With the aforesaid, the writ petition is disposed of.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J.
MAY 24, 2023/akc
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:29.05.2023
15:42:41
