Dharamveer Singh vs Govt. Of NCT Of Delhi & Others

R.N. Singh, Member (J)

The present Application under Section 19 of the AT Act, 1985 has been filed by the applicant against the action of the respondent no.3 vide which the respondents have not declared the result of the applicant and are also not forwarding his dossier to respondent no.2 for his appointment to the post of TGT (English) Post Code 131/2017 in pursuance of advertisement No.04/2017. The applicant has prayed for the following reliefs in the present OA:-

"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondent No. 3 to declare the result of the applicant for his selection to the post TGT (English) (Male) Post Code 131/17 in respect of Advertisement No. 04/2017 without further delay and consequently, forward the dosseir of the applicant to the respondent No.2 for further process of appointment.

(ii) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondent no. 2 to consider and to issue the appointment order to the applicant immediately after receiving the dossier of the applicant from respondent no. 3, with all consequential benefits including the notional seniority and notional fixation of pay from the date of appointment of junior and similarly situated persons of the same selection.

(ii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant."

At the outset, learned counsel for the applicant and respondent no.3 state that respondent no.3 has today published the relevant result in which the applicant has been declared successful. Shri Anuj Kumar Sharma, learned counsel appearing for respondent no.3, submits that respondent no.3 will send the dossier of the applicant to respondent no.2 positively within 10 days from today.

Shri H.A. Khan, learned counsel appearing for respondent nos.1 and 2 submits that after receipt of the dossier of the applicant from the respondent no.3, the respondent no.2 will consider and will complete other formalities and if the applicant is found suitable for the post, offer of appointment will be issued within four weeks thereafter.

In view of the aforesaid submission of learned counsel for the respondents, the present OA is disposed of with direction to respondent no.3 to send the dossier of the applicant to respondent no.2 positively within 10 days from today and thereafter respondent no.2 shall complete all the relevant formalities and if the applicant is found suitable for the said post, offer of appointment shall be issued to the applicant. It is made clear, if the applicant is appointed to the said post, the applicant shall be entitled to consequential benefits, i.e., notional fixation of pay and seniority from the date of appointment of a candidate just below the applicant in the merit list.

The OA is disposed of in the aforesaid terms. However, in the facts and circumstances, no order as to costs.