9911796707
TMI Blog1993 (1) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Chief Secretaries of all the Suite Governments and Union Territories and all Universities and Heads of recognised research institutions intimating them that the services of a suitable officer are urgently required on transfer on deputations basis on the post of Director (N.R.L.C). It was requested that the said vacancy be circulated in all the departments and offices under the Stale Governments/Union Territories and the bio-data of suitable candidates fulfilling the requisite eligibility conditions as mentioned in Annexure (I) to the said letter be sent to the Ministry. Accordingly, six names were received including the appellant, Dr. M.V. Nair and the third respondent in the appeal, Dr. I.K. Bhatnagar. Only two persons were found to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eligibility criteria. The Tribunal recorded the contentions of the petitioner before them (third respondent in this appeal) and those of the respondents before them but did not record any finding on any of those contentions. At the same time, they expressed an opinion that Dr. Bhatnagar should also have been interviewed by the U.P.S.C. since in their opinion he too was equally qualified and eligible for the said post like Dr. Nair. Having so found, a direction was given to the respondents before the Tribunal to hold a fresh selection for the said post. It would be appropriate to set out the terms in which the relief was granted: In the facts and circumstances of the case, the application is disposed of with the direction to the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the post, the same shall be deemed to have been filled by promotion. (Period of deputation/contract including the period of deputation in another ex-cadre post held immediately proceeding this appointment in the same organisation/department shall not exceed 4 years). (emphasis added) 7. In the Annexure to the letter dated 26.6.1989, calling for application from the eligible persons, the scale of pay was mentioned as Rs. 3700-5000/- revised or equivalent instead of Rs. 1500-2000/- or equivalent as stated in the Rules. It is necessary to understand this distinction. It is slated before us that the scale of ₹ 1500-2000/- obtaining in Central Government service was revised to ₹ 3700-5000/- with effect from 1.1.1986 i.e. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persons holding the posts in the pay scale of ₹ 1100-1600 will be eligible and for a post in the scale of ₹ 1500-2000, persons working in posts carrying pay scales of ₹ 1500-1800. (ii) Both the posts should be falling in the same group of posts as defined in the Department of Personnel and Administrative Reforms Notification No. 21/2/74-Estt. (D) dated the 11th November, 1975. (iii) The levels of responsibility and the duties of the two posts should also be comparable. (iv)(a) Where specific qualifications for transfer on deputation/transfer have not been prescribed, the qualifications and experience of the officers to be selected should be comparable to those prescribed for direct recruits to the post where direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ountersigned by the employer indicating their qualifications, experience, assignments held in the past, contributions made by them in the fields of research, publications to their credit and any other information which the officers might consider relevant for assessing their suitability for the post in question may be obtained in the proforma (enclosed) prescribed vide the Department of Personnel and A R's OM. No. 39011/8/81-Estt. (B) dated the 18th July, 1981. (3) The Ministries/Departments 4re required to keep the above guidelines in mind in examining the applications from officers holding analogous posts for making selection by the process of transfer on deputation/transfer (including short term contract). 8. The Union of India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uitment rules, his suitability should be considered along with other eligible candidates and if he is found suitable for the appointment he should be appointed to the said post. It is well settled that suitability and eligibility has to be considered with reference to the last date for receiving the applications, unless, of course, the notification calling for applications itself specifies such a date. 10. For the above reasons, we set aside the judgment and order of the Tribunal, remit the matter back to the Tribunal for deciding the O.A. afresh, in accordance with law, after hearing the parties and on a consideration of the material on record. It is made clear that nothing said in the judgment shall be treated as an expression of opin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
