WP(C) 4998/2008. Case: Anshoo Pandey & Ors. Vs Uoi & Ors.. High Court of Delhi (India)
| Case Number | WP(C) 4998/2008 |
| Judges | Pradeep Nandrajog & Mool Chand Garg, JJ. |
| Issue | Administrative Tribunals Act, 1985 - Section 19 |
| Judgement Date | October 21, 2010 |
| Court | High Court of Delhi (India) |
Judgment:
Pradeep Nandrajog, J.
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The petitioners herein are the civil services aspirants who successfully cleared Civil Services Examination 2005.
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In August 2006, Department of Personnel and Training (hereinafter referred to as "DOPT"), Ministry of Personnel, Public Grievances and Pensions, Government of India issued letters containing offer of appointment to the candidates who emerged successful in the Civil Services Examination 2005 which included the petitioners. It is useful to note the contents of the aforesaid letters issued by the Ministry. For the sake of convenience, we are reproducing relevant portion of the letter issued by the Ministry to the petitioner No.1 for the contents of the letters issued to the other petitioners are more or less identical:-
"Let me take this opportunity to congratulate you on your success in the Civil Services Examination, 2005. You have been allocated to the Indian Railway Traffic Service, Group ''A''. The allocation has been made on the basis of your rank in the merit list, eligibility, preference for services expressed by you, availability of vacancy and medical fitness.
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The cases of some of the candidate (s) above you in the merit list are yet to be settled and finalized. Depending on the service finally allocated to those candidates, you may be allocated to a service for which you have expressed higher preference. You will be informed about your final allocation to service as soon as it is possible to do so.
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The formal offer of appointment will be sent to you by the Cadre Controlling Authority of the Service to which you are finally allocated on the basis of Civil Services (Main) Examination, 2005. However, you will be deemed to have joined the service from the date you join the foundation course.
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The Foundation Course is a part of the probationary training and is common to IAS/IPS and Group „A‟ Services, recruitment to which has been made on the basis of Civil Services Examination. No exemption from joining the Foundation Course shall be granted. Thus, it is compulsory for you to report to the Director, Lal Bahadur Shastri National Academy of Administration, Mussorie on or a day before 29th August, 2006 without fail for the Foundation Course commencing on 29th August, 2006......
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Please read and note the instructions carefully and acknowledge receipt of this letter. Please further note that: a. Foundation Course is an important component of probationary training and proper attention is required to be given by you. b. If you do not join the Foundation Course, it will be presumed that you are not interested in joining a service on the basis of CSE-2005 and further action regarding cancelling your offer of appointment will be taken without any further notice......" (Emphasis Supplied) 3. After completion of Foundation Course, DOPT published a final list allocating services to 406 candidates. Relevant would it be to note that services were also allocated to the candidates, 26 in number, who did not join Foundation Course.
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Thereafter DOPT issued letters to the aforesaid 406 candidates informing them about the services finally allocated to them. The relevant portion of the letter issued by DOPT to the petitioner No.1 reads as under:-
"I am directed to refer on the subject mentioned above and hereby confirm your final allocation to the Indian Railway Traffic Service, Group ''A'' on the basis of Civil Services Examination, 2005. The service allocation has been made on the basis of your rank in the merit list, eligibility, preference for services expressed by you, availability of vacancy and medical fitness.
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The formal offer of appointment and further Training Schedule will be sent to you by your Cadre Controlling Authority of the service/post, viz., Ministry of Railways, (Ms. Mamta Kandwal, Dy. Director, Esstt (GR), Railway Board, Rail Bhawan, New Delhi......" (Emphasis Supplied)
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Be it noted here that only 380 candidates...
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