MANISH KUMAR vs UNION OF INDIA & ORS.

Judgment text excerpt

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 170/2025, CM APPL. 13062/2025, CM APPL. 13063/2025 & CM APPL. 13064/2025 MANISH KUMAR .....Appellant Through: Mr. Moni Chinmoy, Mr. Rahul Ranjan Verma and Mr. Abhishek, Advocates. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. V.S.R. Krishna, Advocate for DMRC. Mr. Ankur Chibber, Adv. for R-4. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 06.03.2025 C. HARI SHANKAR, J. 1. The appellant is working as an Additional General Manager (Legal) in the Delhi Metro Rail Corporation1. 2. He instituted OA 1360/2021 before the Central Administrative Tribunal2, with the following prayer clause: “a. Pass an order directing the Respondents to grant applicant all the benefits which he is otherwise entitled to in terms of the order dated 23.02.2018 and as defacto HOD since 23.05.2017 with all consequential benefits in time a bound manner. 1 “DMRC”, hereinafter 2 “the Tribunal”, hereinafter Signature Not Verified Digitally Signed By:AJIT LPA 170/2025 Page 1 of 20 KUMAR Signing Date:10.03.2025 17:11:04 b. Quash/Set aside the illegal appointment of the Respondent No.4 inasmuch as admittedly, the advertisement for the post of GM (Legal) was on direct recruitment basis but the appointment was curiously made on deputation basis for reasons best known to the Respondents. Moreover, the Respondent No.4 who was eventually appointed to the said post did not even possess the requisite qualification as prescribed by the service rule of DMRC. c. Pass an order directing the Respondent Authorities to consider the candidature of the Applicant who is otherwise competent and well qualified to be appointed to the said post GM (Legal). d. Pass any order or further orders as this Hon'ble Court may