A P AGGARWAL Vs. GOVERNMENT OF N C T OF DELHI

JUDGEMENT

(1.) Leave granted. Heard both sides and perused the records.

(2.) In November 1996, applications were invited for appointment to the post of Member, Appellate Tribunal, Sales-tax. The qualifications, classification and scale of pay, disqualifications, medical fitness, retirement age and retirement benefits were all set out in the advertisement. The appellant had the requisite qualifications and applied for the post. The post was to be filled up by the Central Government as per S. 13 of the Delhi Sales Tax Act, 1975. The Selection Committee constituted for the purpose recommended a panel of two names for consideration for appointment by the Central Government. One Mr. M. L. Sahni who was a Member of the Delhi Higher Judicial Service at that time and the present appellant who was Addl. Legal Advisor, Ministry of Law, Justice and Company Affairs were on the panel. The Central Government appointed Shri M. L. Sahni as Member, Appellate Tribunal, Sales-tax for a period of three years or till such time as his successor joins, whichever is earlier'. Pursuant thereto Shri M. L. Sahni joined the post on 14-9-1997. Even by that time, he had been selected for the post of Member, Income-tax Appellate Tribunal. He was appointed as such in December, 1997, and he relinquished the post of member, Sales-tax Appellate Tribunal on 4-1-1998.

(3.) The Central Government instead of appointing the appellant as the member, chose to cause a fresh advertisement to be issued calling for fresh applications. Admittedly, a note was submitted for filling up the vacancy either by inviting applications through press advertisements or by appointing the appellant whose name was recommended earlier along with the name of Shri M. L. Sahni and to avoid delay in filling up the post, the latter course was suggested. But that was not accepted by the Government and it was decided to invite fresh applications for a wider choice.