Sunday, February 11, 2024

Appointment on the post of PGT (Hindi) - “The candidate is a visually handicapped person; if she had submitted the documents manually, there was no reason to reject her candidature on this specious plea that e-dossier had not been uploaded.” – CAT directed Govt. of NCT of Delhi to issue appointment letter

Central Administrative Tribunal, Delhi

17.01.2024

Appointment on the post of PGT (Hindi) - “The candidate is a visually handicapped person; if she had submitted the documents manually, there was no reason to reject her candidature on this specious plea that e-dossier had not been uploaded.” – CAT directed Govt. of NCT of Delhi to issue appointment letter

Pursuant to an advertisement dated 02.02.2012, Ms. Seema applied for appointment on the post of PGT (Hindi) in Directorate of Education, Govt. of NCT of Delhi. She applied under Physically Handicapped (PH) category with Visually Handicapped (VH) as sub-category. DSSSB, however, failed to consider her under PH (VH) category. Being aggrieved, Ms. Seema filed an Original Application [OA No. 4191/2017] before the Central Administrative Tribunal (CAT), Principal Bench, Delhi.

During the pendency of the Original Application, DSSSB rejected the candidature of Ms. Seema on the ground that Ms. Seema has failed to upload her e-dossier. CAT, vide Order dated 17.01.2024, allowed the Original Application and directed the DSSSB/DOE to appoint Ms. Seema on the post of PGT (Hindi). Directive paragraphs of the Order dated 17.01.2024 reads as under: - 

10. Reservation of posts in Government is provided for in the Rights of Persons with Disabilities Act, 2016. This Act elaborately outlines the principles as also the procedure for providing this reservation. DoP&T has further given detailed guidelines regarding the procedure to be adopted for application of the provisions of this Act. It was incumbent upon the respondents to ensure that the provisions outlined in the Act and outlined subsequently in the DoP&T instructions are adhered to in letter and spirit. In the instant case, the status of the applicant as a person with disability suffering from visual handicap was not disputed nor was it disputed that she has all the relevant documents to establish the same. Further, these documents were submitted to the respondents and they were in their possession in physical form. Mere failure to provide electronic version of the same, could not have been a sufficient ground unless it was established that the applicant was deliberately trying to avoid uploading them. The respondents were obliged to take into consideration not only the peculiar circumstances of the applicant but also her explanation that it was on account of some problem in the virtual system which was preventing her to upload e-dossier. 

11. In the light of what has been detailed and discussed above, the present Original Application is allowed. Respondent No. 1 shall ensure that its recommendations with respect to selection of the applicant as PGT (Hindi) pursuant to vacancy notification of February 2012, along with the necessary documents is sent to Respondent No. 2 within a period of four weeks from the date of receipt of a certified copy of this Order. Respondent No. 2 shall within a period of four weeks, thereafter, ensure that the relevant department and competent authority of Government of NCT of Delhi issues an offer of appointment to the applicant, of course, subject to her fulfilling other eligibility conditions set forth in the Recruitment Rules of the said post. 

12. The date of appointment of the applicant shall be the date on which last of the candidate selected pursuant to the subject vacancy notification was appointed. The consequential benefits as would accrue to the applicant as a result shall be extended in her favour on notional basis from the said date and actual basis with effect from the date she assumes charge of her position. These consequential benefits shall include, but not restricted to, appropriate place in the seniority and fixation of pay and allowances. The arrears of such pay and allowances as the applicant would be entitled to would be released in her favour within a period of twelve weeks from the date of her assuming charge of the position.

[Seema Vs. DSSSB & Anr., O.A. No. 4191/2017, decided on 17.01.2024, Central Administrative Tribunal, Delhi]

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Anuj Aggarwal

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