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TMI Blog1995 (3) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Government for consideration under sub-rules (3) and (4) of the Rules. The Central Government did not make any appointment and issued fresh advertisement on February 22, 1990 inviting applications for the same post. The appellant filed Original Application before the Central Administrative Tribunal seeking a direction to the respondents to appoint him as Judicial Member, Income-tax Appellate Tribunal on the basis of the select-panel prepared by the Selection Board in 1988. The Tribunal by its judgment dated October 11, 1991 dismissed the Application. This appeal by way of Special Leave is against the judgment of the Tribunal. 2.The appellant is an advocate having registered himself with the Bar at Delhi in the year 197 1. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Justice and Company Affairs, Department of Legal Affairs, New Delhi. It is averred therein that the three vacancies anticipated during the year 1988-89 were to fall vacant on the retirement of T. V. Venkatappa, on February 21, 1988 (ST), H.S. Ahluvalia on September 27,1988; and F.C. Rustagi on October 17, 1988. It further states that the two vacancies belonging to the general category which were expected to arise on September 27, 1988 and October 17, 1988 respectively did not materialise as the age of retirement of members of the Income-tax Appellate Tribunal was raised by the Government from 60 years to 62 years with effect from September 8, 1988. The expected vacancy position, thus, got materially altered. 4.The counter affidavit file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncy. His lien if any could only be kept in the post against which he was initially appointed. We are, therefore, of the view that there were two clear vacancies to by offered in accordance with the Rules to the candidates on the select panel recommended by the Selection Board. 6.Assuming that there was only one vacancy as claimed by the Central Government, there was gross delay on the part of the Central Government in initiating action to fill the same. The vacancy became available on August 14, 1988 and, accord- ing to the chart placed on record by the Central Government, the action was initiated on February 28, 1989. We fail to understand what Government meant by the expression 'Initiating action'. The character and antecedents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government that the offer of appointment was sent to Mr. Murgod on January 30, 1990. He did not join till May 4, 1990 and as a consequence, the offer was cancelled. Thereafter no further offer was made to any other candidate and the matter was closed. 8. Apart from the appellant, Mr. S.P. Singh Chaudhary, who was at No. 2 in the select-panel also sought similar relief from the Central Administrative Tribunal. His application having been dismissed, he filed Civil Appeal No. 5156 of 1993 in this Court. Sri S.P. Singh Chaudhary was a member of the Delhi Judicial Service and was posted as Additional District and Sessions Judge at the relevant time. At the hearing of the appeal, we were informed that Sri S.P. Singh Chaudhary sought voluntary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t clothe the applications with any right of appointment. The recommendations of the Selection Board were directory and not therefore enforceable by issue of a writ of mandamus by the Court. (b) The letter of Ministry of Home Affairs dated February 8, 1982 which extends the life of panel till exhausted is not relevant in the present case. In,, the circumstances the life of the panel in this case cannot go beyond 18 months and as such expired in July, 1989. 12. It is no doubt correct that a person on the select- panel has no vested right to be appointed to the post for which he has been selected. He has a right to be considered for appointment. But at the same time, the appointing authority cannot ignore the select-panel or decline to m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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