
CHANDIGARH, March 31: In a hard-hitting order, CAT bench, comprising vice-chairman R. K. Nehru and administrative member V. K. Majotra quashed the appointment of one Ramesh Lal as Assistant Zila Sainik Welfare Officer AZSWO by a selection committee comprising Advisor, Home Secretary, Finance Secretary and DC-cum-president of Zila Sainik Board, UT, terming it quot;irregular and erroneousquot;.
The bench directed the Administration to make appointment on the basis of 25 per cent quota by selection from among the clerks and welfare workers, including the applicant T. D. Sharma working in the Zila Sainik Welfare office, who have prescribed qualification under the Punjab rules.
The bench took note of the fact that the earlier three incumbents to the said office had been directly recruited. Observing that the Administration had not taken any policy decision on whether the post had to be filled by direct recruitment or by promotion and had not even advertised the post in newspapers or the Employment Exchange, the bench held that preference should have been given to recruitments on the basis of 25 per cent quota.
It was further observed that although recruitment rules proposed on the basis of the Punjab rules had not been approved by the UPSC, UT Administration was still acting on the same.
Earlier in his petition demanding quashing of the appointment, T.D. Sharma, working in the office of Zila Sainik Welfare Officer, stated that he has been working as welfare officer for over 13 years. He maintained that the next channel of promotion from the post of welfare organiser is to the post of AZSWO. The applicant challenged the appointment of Ramesh Lal on grounds that he was eligible for the post especially in view of the fact that earlier three incumbents were direct recruits.
In its reply, the Administration upheld the said appointment as quot;legalquot; and stated that the applicant was not eligible for the post because he was not a welfare worker.
The bench, however, maintained that this contention of the Administration could not be taken seriously. quot;When clerk of the organisation can be considered as suitable to hold the post, a welfare organiser is definitely eligible,quot; held the bench.