TMI Blog2020 (3) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... ced as the first rank holder among the five. The question of disqualification for reason of non-production of the NOC came later and hence she had approached the Tribunal within time, against such disqualification by O.A.399/2018. She has also filed an appeal from the O.A. filed by Arathi Sarah Sunil and if this Court allows the O.P. against the order in O.A.399/2018 and Liksy Joseph is considered for appointment necessarily Arathi Sarah Sunil will lose her appointment. Alwin Francis submits that there is only a consideration directed in the Tribunal's order and he being the first among the three, necessarily has to be given the appointment if the Department finds favour with his contentions for not producing the NOC within time. The Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not been issued with any appointment order, because of the pending litigations. The appointment order of Arathi Sarah Sunil shall be issued within a period of two weeks from the date of receipt of a certified copy of the judgment. - OP (CAT). 61/2019, 91/2019, 3/2020 And 56/2020 - - - Dated:- 5-3-2020 - Mr. Justice K.Vinod Chandran And mr. Justice P.V. Kunhikrishnan For the Petitioner : Sri. Asok M. Cherian, Sri. N. Satheesh, Sri. K. Janardhana Shenoy For the Respondents: Adv. Sri. K. J. Saji Isaac, Adv. Sri. Jithin Saji Isaac, Adv. Dr. Elizabeth Varkey, Adv. Shri. P. Vijayakumar, Asg Of India JUDGMENT K. VINOD CHANDRAN, J. Two original petitions by an aggrieved individual and two by the Department. The priva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pointment of Arathi Sarah Sunil, who was the 5th rank holder, who alone was then available for posting as an Income Tax Inspector. Noticing the fact that there was one more post available, the Tribunal directed the Department to consider whether relaxation could be granted to Alwin Francis. It is the submission of Alwin Francis that he had been on medical leave for injuries suffered in a tournament from May 2016 to December 2016. The last date for application was on 15.09.2016. He also filed O.A.608/2017. Both the O.A.s were considered together and hence Alwin Francis, who had a reasonable case set up before the Tribunal for reason of there being no possibility of an NOC being issued when he is on medical leave, was allowed the prayer of co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Joseph is considered for appointment necessarily Arathi Sarah Sunil will lose her appointment. The learned Counsel for Alwin Francis submits that there is only a consideration directed in the Tribunal's order and he being the first among the three, necessarily has to be given the appointment if the Department finds favour with his contentions for not producing the NOC within time. The Department however submits that as of now the Department would like to go for a fresh selection. It is also submitted that Arathi Sarah Sunil was offered appointment as a Tax Assistant, which she declined. It is also argued that though the team in which Arathi Sarah Sunil was included, obtained a bronze medal in a World Championship, she had not played an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rank 4th in the selection had not disclosed in the application that she was employed with the Central Railways, Mumbai, since 19.06.2010. NOC was also not hence produced. She is said to have produced the NOC after the disqualification occurred, which NOC was from the Senior Officer, Central Railways Sports Association and also dated 17.08.2016. The NOC produced by her even now is not one from the appointing authority or from her controlling authority but a Senior Officer of the Central Railways Sports Association. Further, the said candidate having not disclosed her employment in the application and the notification having specifically provided for furnishing NOC from the employer, the said person is disentitled from any equitable consi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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