Strict adherence to conditions mentioned in the advertisement for a job hiring must be followed while being considered for a post.-High Court of Delhi.
Strict adherence to conditions mentioned in the advertisement for a job hiring must be followed while being considered for a post. If such an adherence is not made, they cannot be considered for the post and the appointment of such Individuals is illegal. The landmark judgement passed by the single bench of HON’BLE JUSTICE V. KAMESWAR RAO in DEVASTOTRA PODDAR & ANR. VS. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA AND ORS. [W.P(C) 132/2021] dealt with the issue mentioned above.
The brief facts of the case are, the petition has been filed by the petitioners challenging the result notice dated December 24, 2020 whereby the respondents have selected / appointed 13 persons including the respondent Nos.3 to 12 to the post of Assistant Director. The petitioners have also challenged the appointment of the respondent Nos.13 to 17 as Assistant Director.The result for the same was published on December 24, 2020, wherein the names of respondent Nos.3 to 12 also features, and accordingly, they have been issued appointment letters to the post of Assistant Director.
The learned counsel for the petitioner submitted that, advertisement issued by the respondent No.1 for the post of Assistant Director contemplated under heading Note-1 that out of the total experience of five years sought for the post of Assistant Director, two years of experience should be in immediate lower pay level in central dearness allowance, which the respondent Nos.3 to 12 did not have. the immediate lower pay level in central dearness allowance of pay level 10 is pay level 9 in Rs.53,100- 1,51,100 with grade pay of Rs.5400/-. However, the respondents were working with a pay level of 7.
The learned counsel for the respondents contended that, the Recruitment Rules have to be read in conjunction with the advertisement issued by the respondent No.1 by drawing the attention to page 39 of the paper book to draw my attention to Note 1 which states out of five years of relevant experience, two years of experience should be in immediate lower pay level in the central dearness allowance, which has been made comparable with minimum annual cost to company of Rs.9.7 Lacs for last two years. That apart, he states, the feeder posts to Assistant Director (Technical) is also Technical Officer which is in pay level 7, and the respondent Nos.3 to 12 who were working on contractual basis were eligible for appointment.
The learned judge heard the submissions by both the parties and observed that “The five years’ experience sought, should include two years of experience in immediate lower pay level in the central dearness allowance or equivalent industrial dearness allowance scale and in case of candidate working in private sector he or she shall be drawing minimum comparable annual cost to company for the last two years to be decided by the competent authority and shall be indicated in the advertisement on each occasion. Whereas the advertisement stipulated the same conditions except in case of candidates working in private sector he or she shall be drawing minimum”
Judgement Reviewed by Pratikshya Pattnaik