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jeyakumar (others)     15 January 2024

Delay in notification of vacancies

Respected Sirs, 

As per DOPT OM dated 03.03.2023, recruitees for vacancies notified /advertised on or before 22.12.2003 will be governed under CCS(Pension) Rules. Some departments and ministries under GOI,  notified the vacancies of 2002/2003 within the stipulated date mentioned in OM and some notified them after the above date. Just becouse of some departments' action on notification of approved vacancies in time and some departments' delay in notification, many recruitees' representations are being rejected citing that notification of vacancies are after the cut off date, i.e., 22.12.2003. respected advocate, kindly suggest me what are the possibilities for judicial remedy and whether it can be challenged before HC under Art. 226 or 14?



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     15 January 2024

This is a policy matter and the government's decision cannot be challenged on policy matters even in the court of law

Therefore there may not be any remedy through court of law for this.

jeyakumar (others)     15 January 2024

Thanks for your timely reply sir. For you kind information, many CATs are giving judgements directing respondents to enrol petitioners in old pension scheme citing vacancy pertains to the year before cut off date and year. Ernakulam CAT gave relief in this issue and which was stayed by Kerala HC. Again, the same CAT gave judgement in favour of petitioners citing the stay given by HC and holding that the legality in this issue is still on.  And many more CAT's judgements are there in favour of vacancy arising before 01.01.2004. For your reference, recently, Chennai HC gave judgement in VALLIPAAVAI case in favour of petitioner observing the recruitment process starts from the date of vacancy arising. Kindly advice me sir

Sudhir Kumar, Advocate (Advocate)     16 January 2024

please quote no of such judgement of elnakulam bench so that these could be studied

jeyakumar (others)     17 January 2024

Sir, I am quoting the ernakulam order for your kind reference

CENTRAL ADMINISTRATIVE TRIBUNAL 
ERNAKULAM BENCH
Original Application No.180/00909/2016
Wednesday this the 21st day of February, 2018

Sudhir Kumar, Advocate (Advocate)     17 January 2024

The case quoted by you pertains to a lady postal employee in cae of delayed joining due to pregnanacy.

 

Your case appears differnet where it appears that even vacancy was notifed later.

jeyakumar (others)     17 January 2024

Thanks for your reply sir 🙏

Sudhir Kumar, Advocate (Advocate)     18 January 2024

I ever said that you are on dead end.


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