2 post of Assistant Director (AD), UR & OBC one each were advertised and filled up through UPSC. The UPSC recommended two candidates in order of merit in March 2014 as follows: 1- Mr. A (UR), 2- Mr. B (OBC). Sl. No. 2 (OBC) joined the post of AD in June 2014. Sl. No. 1(UR) requested for extension of time and later refuse to join. The department approached UPSC for operation of reserve panel and the UPSC recommended another candidate Mr. C (UR) from reserve panel and Mr. C joined in Oct 2014. While preparing the seniority list of AD as on 01.01.2015, the name of Mr. C who was recommended from reserve panel was placed above Mr. B who was in the main select list, based on the marks obtained. Further Mr. C submitted his resignation in Aug 2015 and the UPSC recommended another candidate Mr. D (UR) in Aug 15 from reserve panel. Mr. C was relieved in Dec 2015 and thereafter Mr. D joined in Dec 2015 though he was recommended in Aug 15. While preparing the seniority list of AD as on 01.01.2016, Mr. D who was recommended from reserve panel was placed above Mr.B, based on the marks obtained. Mr. B challenged this on the following grounds: a) He was in the main selected list of UPSC whereas Mr. C & D were in the waiting list. b). His name was recommended by UPSC against a confirmed vacancy whereas Mr. C & D were recommended against vacancy created by refusal/non joining/resignation by the selected applicant at a later stage, c). His name was recommended by UPSC during Mar 2014 from the main selected list whereas name of C & D were recommended in Sep 2014 and Aug 2015 respectively from the reserve panel/waiting list. d). He joined in June 2014 whereas C & D joined in Oct 2014 and Dec 2015 respectively. e) When Mr. D was not in the seniority list as on 01.01.2015 how he can be accommodated above him (Mr. B) in the list as on 01.01.2016. f) Second time operation of reserve panel was illegal as the same was not within one year of deceleration of result. g) The second time operation of reserve panel was illegal as there was no vacancy at the time of operation of reserved panel as Mr. C was holding the post and Mr C was relieved in Dec 2015, therefore the vacancy arose only in Dec 2015 where as the reserve panel was operated in Aug 2015.
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What do you want to say by narrating the events that has taken place in your office.
How are you concerned with this, are you the affected party B.
A written representation giving the details of the anomalies or discrepancies and the injustice meed out to B may be made to the higher officer or the authority.
If the reply is not satisfactory or there is no remedy seen then the mater may be take up through legal route by first by approaching CAT and then high court with writ petition.
Good afternoon sir, I am affected party i.e. B, I have tried all administrative remedy available even DOPT has turn down my case and finally the person appointed from the reserve panel after almost 18 month of my joining is made senior to me. I wanted to know that is this a strong case to be taken up in the CAT and what are the chances and what is your legal advise should I go ahead and file the case in CAT.
there is no guarantee that you would succeed in litigation
2)you have stated that DOPT has rejected your claim
3) kindly reproduce letter received from DOPT in this regard
4) it is only if we know the reasons for rejection of your representation can we advise you to go in for litigation or not
Your case appears to be genuine, hence you may pursue the mater through CAT or remedy.
If you dont get justice from CAT also then you may approach high court with a writ petition seeking remedy and relief.