X had been working in Govt Department on contractual basis for 12 years. The Department advertised 2 posts under Unreserved(UR) category in which X has participated in the selection process in year 2003 and was placed in waitlisted candidate no-2. The waiting list was not displayed by the employer as result X didn’t know about his candidature. The merit list was prepared as
A-UR Position No-1
B-UR Position No-2
C-UR Waiting List No-1
X-UR Waiting List No-2
A& B joined their duties and C was too given appointment against the UR created due to the death of an employee as result X continue to work on contract basis. A left the job after months but X was denied appointment against the vacancy. B remain absent but did not left the job
The employer in year 2005 had advertised one Reserved Post (SC) and the following candidates were placed in the list
D- SC Position No-1
E- SC Waiting List No-1
D was given appointment against the SC post and E was placed as waiting list under SC category
Thereafter, the employer had advertised one Reserved Post (OBC) in year 2006 and
F- OBC- Position No-1 was given appointment
In between B employee was terminated and his Unreserved Post (UR) was given to E Candidate who was placed under Reserved category (SC)
X collected the information under RTI and filed the case before CAT IN 2009 against denial of his appointment against the post A under Unreserved category (UR) who left the services after joining. The CAT has directed the employer to consider his case for regular appointment against the post when A resigns. This was challenged before High Court and was remanded back for deciding the plea of Limitation. Later on CAT disposed off as time barred. X is planning to file the writ petition
Therafter, X was discharged from services which was too challenged before the CAT and the Judgment is now reserved
X also wants to challenge the appointment of “E” who was appointed against the Unreserved Post(UR) of B without given any opportunity to X
Whether filing petition (O.A) is advisable as the appointment relates to year 2006 and the X came to know only by the submission of the employer in its reply affidavit that UR post of B was offered to E ?
If CAT asks the “X” why you have challenged the procedure in year 2011 what will be his defence?
X don’t have the appointment letter of E, whether he should use RTI for the document or challenge it without any order?
Thanking you,
Sincerely yours
