ARVIND KUMAR BANSAL Vs. DIRECTOR CSIR AND DIRECTOR IIP

JUDGEMENT

(1.) BY virtue of the present OA, the applicant seeks to challenge the termination order dated 20.9.2000 and grant of benefit of the decision of the High Court in CWP No. 6032/2000 in N.K. Rawat v. Union of India and Ors. decided on 26.7.2002.

(2.) Applicant was appointed on contractual basis in February 1995 as a Project Assistant and on an Advertisement dated 27.9.1996 for the post of Technician where number of posts were to be varied, applied for the said post. He appeared in the interview on 15.3.1997 and was appointed as Technician on a temporary basis under CSIR on 1.7.1998. On 6.7.1998, applicant's appointment letter was taken back and he was asked not to come to work. This led to filing of OA-197/99 before the Tribunal, which, on 21.3.2000, was disposed of whereby the applicant was allowed to continue in work. Accordingly, applicant re-joined his duty on 10.4.2000. On 22.5.2000, applicant was accorded all the benefits. Vide Memorandum dated 1.2.2000, a show cause notice was issued to the applicant as to his erroneous appointment, as no vacancy existed in Group II after filling up the two posts by the first two candidates. On reply, applicant's appointment was cancelled.

(3.) ON the other hand, learned Counsel appearing for the respondents referred to the decision of this Tribunal in OA-709/2004 dated 18.3.2005 in Seema Sharma v. Director and Anr. whereby the decision in N.K. Rawat's case (supra) was distinguished as the applicant therein had not approached the High Court, holding that merely because in another matter filed on behest of some similarly situated persons, grant of relief after long years would not be in consonance with law.