CHANDI CHARAN NANDI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this OA, the applicant has prayed for a direction to the respondent No. 3 to give him employment to any one of the categories and/or posts for which combined examination and interview were held by the Staff Selection Commission in respect of advertisement dated 18.3.88 for appointment to the posts of INspector of Central Excise, INcome-tax etc.

(2.) The case of the applicant is that pursuant to the advertisement dated 18.3.88 published by the Staff Selection Commission (SSC for short) for holding a combined examination for appointment to the posts of Inspector of Central Excise, Examiner & Preventive Officers in various Customs Houses, Inspector of Income-tax and Asst. Enforcement Officer in the Directorate of Enforcement, he made an application in prescribed proforma. A copy of the advertisement is at Annexure-F. The applicant gave his first preference for the post of Inspector of Income-Tax. By a letter dated 4.8.89 (Annexure-A), the Asst. Collector (Admn.), Central Excise, Calculta-II intimated the applicant that his name was recommended by the SSC for the post of Inspector of Central Excise and accordingly he was directed to appear at the physical standard test to be held on 22.8.89, provided he was willing to accept the offer. The applicant appeared at the said selection test on the scheduled date. However, the applicant could not be selected for the post as he was found to be shorter in height by 2.5 cm as against the stipulated height of 157.2 cm as per the recruitment rules for the post of Inspector of Central Excise.

(3.) THEREAFTER, the applicant filed a writ petition before the Hon'ble Calcutta High Court being WP 3716 of 1992 which was dismissed by order dt. 29/1/98 on merit. Being dissatisfied with this order, the applicant preferred an appeal being APOT No. 691 of 98 which was decided on 21,4.99 wherein it was held that in view of L. Chandra Kumar's judgment, the matter ought to have been adjudicated by the Tribunal and accordingly, liberty was given to the appellant to file appropriate application before the Tribunal and if such application was filed, the matter may be decided by the Tribunal on merit ignoring the findings of theHon'ble High Court. THEREAFTER, the applicant has filed the instant OA for the aforesaid relief.