SH RAVI KUMAR S/O SH VINOD PRAKASH Vs. GOVT OF NCT OF DELHI THROUGH ITS CHIEF SECRETARY

JUDGEMENT

(1.) SINCE common question of law and facts are involved in both these case, the same are heard together and disposed of by a common order.

(2.) The Department of Health & Family Welfare, Government of NCT of Delhi advertised 33 posts of Safai Karamchari in Lok Nayak Hospital in September 2002. Pursuant to the said advertisement, these two applicants offered themselves to be the candidates for the post of Safai Karamchari. They were asked to appear in the interview on 15.9.2003. A select list was prepared and the names of these candidates figured in the merit list. The applicants received offer of appointment vide Memorandum No. E1(4)/Rectt./LNH.2003/6628 dated 26.7.2004 inviting their acceptance within a period of seven days from the date of receipt of the Memorandum. The applicants have communicated their acceptance vide letter dated 29.7.2004. Thereafter, they were surprised when they received another letter from the respondents whereby their appointment orders were stated to have been withdrawn. Be it noted that in such orders, no ground of withdrawal has been indicated. Being aggrieved by such rejection of their appointment, they filed OA-2849/2004 and OA-2846/2004 in which this Tribunal gave direction to the respondents to consider their representation, which they had earlier made to the authorities. After such direction having been issued, without reiterating their earlier stand, stated that their names figured under bona fide mistake, therefore, the appointment letters had been subsequently withdrawn.

(3.) SHRI S.Q. Kazim, learned Counsel appearing for the respondents has produced a photocopy of the merit list in which it is noticed that the applicants names figure at Serial Nos. 94 (Ashok Kumar) and 95 (Ravi Kumar). If that is so, it appears that no reason has been given why they should not be considered for the posts of Safai Karamchari. At this stage, learned Counsel submitted that that the Tribunal should not issue a positive direction to issue the orders of appointment but a direction can be given to consider the cases of the applicants for appointment.