Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the order passed by the learned Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the 'Tribunal') dated 4.2.2002 and the orders passed in the Review Petition.
(2.) THE controversy in the present writ petition pertains to appointment of respondent No. 5 as Labour Welfare Officer with the Chandigarh Administration, Printing and Stationery Department. The Rules applicable for appointment to such post are the Punjab Welfare Officers (Recruitment and Conditions of Services) Rules, 1952 (hereinafter referred to as the Rules). The controversy revolves around Rule -4 (bb), as inserted in the Rules vide Chandigarh Administration notification dated 20.7.1979. The said Rule reads as under:
(3.) QUALIFICATIONS : A person shall not be eligible for appointment as L.W.O. unless, he: a) xx xx xx b) xx xx xx bb) has two years experience or Labour Welfare Work, Industrial Relation or Personnel Management in an Organization employing substantial Labour force; c) xx xx xx. 4. It was decided by the Department that the aforesaid post of the Labour Welfare Officer shall be filled up amongst the departmental candidates. The petitioner, respondent No. 5 and one Sham Sunder Sharma were the candidates who had applied for the said post. The Committee constituted to consider the candidature of all the aforesaid three candidates, in its meeting held on 2.1.1995, recommended Shri Om Parkash Sharma respondent No. 5 for appointment to the post of Labour Welfare Officer, whereas, the petitioner was not found to be experienced in the opinion of the Committee.;