Govt Of Nct Of Delhi And Anr vs Pawan

,,,

Rajiv Shakdher, J",,,

CM No.20764/2021,,,

Allowed, subject to just exceptions.",,,

W.P.(C) 6611/2021 & CM No.20763/2021 [Application filed on behalf of the petitioners seeking stay on the operation of the impugned,,,

order],,,

This is a writ petition directed against the order dated 20.01.2021, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (in",,,

short ‘the Tribunal’) in O.A. No. 4312/2016.,,,

The only issue, which arose for consideration, before the Tribunal was as to: whether the respondent should be denied his right of appointment for",,,

the post of Assistant Superintendent, Delhi Prisons (Post Code 38/13) as he had not participated in the Physical Education Test (PET) on the assigned",,,

date?,,,

3.1. The Tribunal has returned a finding of fact that a postal notice dated 11.07.2016, with regard to the date on which the test was to be held, was",,,

sent to the respondent. The said notice had set out that the PET was scheduled to be held on 12.07.2016. For the,,,

sake of convenience, the said notice is extracted hereafter (See: page 70 of the paper book):",,,

“No.F.55(21)/Exam-II/DSSSB/2016/18503,,,

Date : 11/07/2016,,,

Sub : INTIMATION REGARDING PET FOR THE POST OF ASSISTANT SUPERINTENDENT IN PRISON DEPARTMENT, GOVT. OF NCT OF",,,

DELHI POST CODE NO.38/13.,,,

Physical Endurance Test for the post of Assistant Superintend, in Prison Department, Govt. of NCT of Delhi is scheduled to be held on",,,

12.07.2016. Admit Card and detailed instructions may be down loaded from the official website of DSSSB i.e. http://dsssbonline.nic.in.,,,

s/d,,,

Office Superintendent (Exam-II) DSSSB,,,

PAWAN S/O RAMESH KUMAR,,,

H[dot]NO 441VPO,,,

AUCHANDI DELHIâ€​,,,

[Emphasis supplied],,,

3.2. The record shows that, according to the respondent, the aforementioned notice was received by him only on 16.07.2016, that is, after the assigned",,,

date for PET had already passed. (See  pages 71 and 72 of the paper book). It would be relevant to note that, in this behalf, the Tribunal has",,,

returned a finding to the effect that the said assertion, made by the respondent, was not rebutted in the counter-affidavit filed on behalf of the",,,

petitioners.,,,

3.3. Despite the aforesaid position obtaining, the petitioners, went ahead and defended their position by arguing that, there were other means via",,,

which, the respondent was informed as to when PET was to held.",,,

3.4. In this context, Ms. Avnish Ahlawat, who appears on behalf of the petitioners i.e. the original respondents, has drawn our attention to the",,,

advertisements taken out in the English and Hindi newspapers. The copies of these advertisements are appended on pages 102 and 103 of the paper,,,

book. A perusal of the said advertisements would show that they, generally, adverted to the fact that PET would be held from the “3rd week of",,,

June 2016 onwardsâ€. Illustratively, the relevant part of an advertisement published, on 27.05.2016, in the Times of India newspaper is extracted",,,

hereafter:,,,

“No.F.55(21)/Exam-II/DSSSB/2016/ Dated :,,,

 NOTICEÂ,,,

Physical Endurance Test (PET)/Physical Standards Essential for the post of Fire Operator (71/14), Head Constable (43/13), Forest Guard",,,

(68/14), Warder (37/13), Matron (36/13) & Assistant Superintend (38/13) is scheduled from 3rd week of June, 2016 onwards. The detailed",,,

information and schedule of PET/Physical Standards Essential will be notified soon on official website of DSSSB i.e.,,,

www.dsssb.delhigovt.nic.in.,,,

Sd/-,,,

Dy. Controller of Examâ€​,,,

[Emphasis supplied],,,

3.5. Ms. Ahlawat has also taken us through the counter-affidavit filed before the Tribunal. Interestingly, the counter-affidavit, in respect of the post in",,,

issue, sets out that the PET was to be held on 13.07.2016. A similar position emerges upon perusal of the notice, which is appended on page 106 of",,,

the paper book. For the sake of convenience, the relevant part of that notice is extracted hereafter:",,,

“No.F.55(21)/DSSSB/Exam-II/2016/ Dated :,,,

Sr. No.,Post & Post code,Schedule,Venue

1.,xxx,,

2.,xxx,,

3.,Asstt. Supdt. (38/13),13/07/2016,"Chhatrasal Stadium, Moder

,,,"Town, Delhi-9 (Entry from Gate

,,,No.-2)

4.,xxx,,