Original Application filed before the Central Administrative Tribunal

Original Application filed before the Central Administrative Tribunal

BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH: NEW DELHI

                                O.A. NO. __________ of 20__

IN THE MATTER OF:

----------------                                                            …APPLICANT

VERSUS

---------------                                                          …RESPONDENT

I N D E X

FILED BY:

DATE:                                                              

                                     ADVOCATE FOR THE APPLICANT

Synopsis & List of Dates

          The applicant is aggrieved by denial -------- on the basis of an illegal, arbitrary and unreasoned action of the respondent. 

          The applicant is meritorious and hardworking appointed to the post --------------- and therefore had completed the-------. It is humbly submitted that---------------. The respondent had invited applications to the post of ---------------------. It is submitted that the Circular ------------ dated ----------was issued in respect of vacancies for the post of-------------.  The last date was extended from time to time to give ample opportunity to all the eligible candidates to apply.

         The applicant being eligible in all respect initiated the process to apply for the--------. While furnishing his details, applicant found---------------.    Therefore, the applicant requested the respondent ----------------to the applicant so that he could apply for -------------. However, --------- was not made available to the applicant------------.

           The respondent issued the impugned ------------and the said list did not include the applicant. It is pertinent to state that the respondents had chosen not to fill all the vacancies of the-------------, and left some posts vacant for want of eligible candidates.

          It was specifically replied by the respondents that the applicant was not considered as applicant had----------. Hence, the only reason for not considering the application of the applicant was non availability--------------. It is submitted that the respondents were having all the resources and information ---------------and the failure of the respondent cannot impede the prospects of the applicant.

                      It is submitted that the denial of ----------- applicant on the whimsical ground of--------------, despite him being eligible in all respect in terms of the recruitment rules, is arbitrary and illegal. Hence, the present Application.

LIST OF DATES

BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH: NEW DELHI

O.A. NO.____________of 2022

IN THE MATTER OF:

1.    ------------

S/O  ---------

     R/O ---------                                           ….APPLICANT

VERSUS

2.                                                         …RESPONDENT

APPLICATION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNAL ACT, 1985 ON BEHALF OF THE APPLICANT.

1.             Particulars of the orders against which the application is made:

The applicant is aggrieved by the discriminatory, arbitrary and illegal act of the respondents-------------, for the vacancy despite the applicant being eligible in all respect. The Copy of the impugned --------------is annexed herewith as Annexure A/1.

2.             Jurisdiction of the Tribunal:

That the applicants declare that the subject matter against which they seek redressal is within the jurisdiction of this Hon’ble Tribunal.

3.             Limitation:

That the applicant declare that the application is within the limitation period prescribed in Section 21 of the Administrative Tribunal Act, 1985. The cause of action has arisen on -------- when the impugned order has been issued without considering the eligibility of the applicant.

4.       Facts of the Case:

4.1          That the applicant was appointed to the post of---------------. The copy of appointment order dated ---------is enclosed herewith as Annexure A/2.

4.2          That the respondent vide Circular No. ----------invited applications of the eligible candidates ---------The said time period was extended by subsequent circulars. The Copy of -----------is enclosed herewith as Annexure A/3 (Colly).

4.3          That the Applicant being eligible w.e.f. cut off date -----------duly submitted the required credentials ------to the respondents vide application no. _________dated _______________. The copy of the application form is annexed herewith as Annexure A/4.

4.4          That the application form for ---------- to the post of----------. However, the applicant did not possessed the ------------at the time of making of aforesaid application.

4.5          Therefore, the applicant requested the respondents through various email representations to provide ----------- of the applicant.The copy of the------- made by the applicant are annexed herewith as Annexure A/5(Colly).

4.6          That the respondent failed to pay any heed to the multiple requests of the applicant for the demand------------.

4.7          However, the respondents were having all the resources and information about all the candidates and it was the duty of the respondents.

4.8          It is pertinent to state that the respondents had chosen not to----------------. Thus the respondent’s unreasoned action impeded the future prospects of the applicant. The copy of the RTI application of the applicant is enclosed herewith as Annexure A/7.

4.9          That the respondent in pursuance of the another RTI application filed by the applicant sent a reply to the applicant vide --------- wherein it stated that the application of the applicant to the post of -----------.

4.10      That the applicant also made a detailed representation dated -------- to the respondent. The copy of the detailed representation ------ to the respondent is enclosed herewith as Annexure A/9. The copy of the reply dated ----- by the respondent is enclosed herewith as Annexure A/10.

5.      Grounds for Relief with Legal Provisions:

5.1          Because the action of respondents of not considering the applicant -------------- is arbitrary, illegal and unreasonable.

5.2          Because the applicant ------- since there were ---- vacant ------------ on the said date and the applicant-------.

5.3          Because the respondents for reason best known to them had chosen not to fill all the vacancies of the post, and left some posts vacant for want of eligible candidates.

5.4          Because the respondents were having all the resources and information about all the candidates and it was the necessary precondition on part of the respondents to verify the details.

5.5          Because the respondent arbitrary and illogical conduct has caused severe damage to the future prospects of the applicant by denying him his right.

5.6          Because the respondents have taken a hyper technical view of the matter. Further, the applicant possessed the requisite eligibility qualifications at the relevant time.

5.7          Because the denial of the ---------- to the applicant has to be governed by good reason and rationality. It is not a whimsical or arbitrary power that the executive is vested with. The valid reasons should exist and also the accountability on part of respondents for its delay.

5.8          Because the applicant have been denied a legitimate right to be considered to the post. The applicant have a prima-facie good case on merit but was not allowed appointment due to lapse on part of the respondent.

5.9          Because the applicant should not be allowed to suffer on account of a lapse on part of the respondents.

5.10      Because the impugned action is violative of the fundamental rights of the applicant enshrined in Articles 14, 16, 19 and 21 of the Constitution of India.

6.       Details of the remedies exhausted:

The Applicant declare that he has availed all the possible remedies available to them under the relevant service rules.

7.       Matter not previous filed or pending with any other Court/Bench of the Tribunal:

The Applicant further declare that they have not filed any Petition/Application on the subject matter of the O.A. before this Hon’ble Tribunal or any other Court/Tribunal.

8.       Relief Sought:

It is, therefore, most respectfully prayed that this Hon’ble Tribunal may graciously be pleased to:

(i)            To declare that the applicant is entitled to the--------.

(ii)          To declare that the act of the respondent in not granting ---------- as illegal, arbitrary and unreasonable. 

(iii)        Pass any such orders as the Court may deem fit in the light of above-mentioned facts and circumstances of the case.

9.       Interim Relief, if any, prayed for:

In the facts and circumstances of the case, this Hon’ble Tribunal may kindly be pleased to direct the respondent ____________.

10.     The Application has been filed through Counsel.         

11.     Details of the Postal Order in respect of the Application Fee:

(i)       Number of the Indian Postal Order:      ___________

(ii)          Name of the Issuing Post Office:  ____________

(iii)        Date of Issue of Postal Order:     ____________

(iv)        Post Office at which payable:               New Delhi.

1.    Enclosures:

(As per index)

BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH: NEW DELHI

                                O.A. NO. __________ of 20__

IN THE MATTER OF:

----------------                                                            …APPLICANT

VERSUS

---------------                                                          …RESPONDENT

AFFIDAVIT

I, --------------S/o -----------aged about  ------- R/o--------, do hereby solemnly affirm and declare as under :-

1.    That I am the Applicant no.1 in the present O.A. and am well versed with the facts and circumstances of the case and hence competent to swear this affidavit.

2.    That the accompanying application has been drafted by my counsels on my instruction, and its contents have been read over to me in vernacular and the same are true and correct to the best of my knowledge and are not being repeated herein for the sake of brevity

.

3.    That the contents of the application may kindly be read as part and parcel of this affidavit.

DEPONENT

VERIFICATION

Verified at ----- on this ____ day of -------, that the contents of the above affidavit are true and correct to the best of my knowledge and nothing material has been concealed therefrom.

DEPONENT