It was directed We have already given a limited direction to the Respondents when the O.A. was entertained, to follow the Recruitment Rules as and when the post of Chief Engineer, PWD is filled up on regular basis.
The said original application was dismissed on the ground of ineligibility to hold the said post and, a furthermore regular appointment in terms of the Rules was yet to take place.
The Appellants, aggrieved by the said judgment, are in appeal before us.
A.22012/I PW 1/A1/2002 Part dated 14 2 05 as illegal and unconstitutional and thus render justice.
On or about 21.4.2005, the First Respondent was posted by the CPWD, New Delhi as Director of Works SR Chennai.
The O.A. is disposed of accordingly.
In the said original application, Government of Pondicherry inter alia raised a companytention that he was number eligible to hold the post of Chief Engineer as he did number fulfill the eligibility criteria therefor.
No order as to companyts.
Sundar Raju Appellant in the companynected appeal , Superintending Engineer, having three years experience, who was holding the current charge of the duties of the post of Chief Engineer at that time, in the meanwhile had filed an application questioning the deputation of the First Respondent herein.
18760 18761 of 2005 B. SINHA, J Leave granted.
UPSC, it was opined, R. Sundar Raju was ineligible to be appointed as Chief Engineer, Pondicherry.
R. Sundar Raju was promoted on 27.04.2004 purely on adhoc basis.
In the meanwhile, draft rules were framed altering the eligibility criteria as regard experience for the post in terms whereof the eligibility clause of five years experience was reduced to three years.
On or about 08.04.2005, R. Sundar Raju was recommended for promotion by the Departmental Promotion Committee to be promoted to the post of Chief Enginer and by order dated 27.04.2005, he was promoted to the said post purely on ad hoc basis.
He was repatriated to his parent department on 14.2.2005 and relieved off from his duties on the same day.
Arising out of S.L.P. C No.
18026 of 2005 W I T H CIVIL APPEAL NO.6333 6334 OF 2005 Arising out of S.L.P. C No.
The First Respondent, herein questioned the said appointment by filing an application for amendment in the pending original application on 23.6.2005 before the Central Administrative Tribunal which was registered as M.A. No.
Questioning the same, an original application was filed before the Central Administrative Tribunal on 25.2.2005 praying interlia therein it is humbly prayed that this Honble Tribunal may be pleased to quash the order passed by the 2nd Respondent in No.
473/PW1/A1/2005 dated 27 4 2005 and direct the restoration of the applicant as Chief Engineer, Public Works Department, Pondicherry and thus render Justice.
The First Respondent herein was appointed on deputation as Chief Engineer of the Public Works Department, Government of Pondicherry on short term deputation temporary basis pending selection of the regular incumbent by the Union Public Service Commission UPSC with effect from 1.7.2004.
The original application filed by the First Respondent was allowed by the Central Administrative Tribunal by an order dated 14.7.2005.
