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CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

OA No.1321/2021

This the 12^th day of January, 2023

HON’BLE MR. ANAND MATHUR, MEMBER (A)

HON’BLE MS. PRATIMA K. GUPTA, MEMBER(J)

Abhishek Chaudhary Aged about 23 years

S/o Sh. Vinod Kumar

R/o H. No.28, Nagla Lutf Alipur

Post: Shikarpur, Dist: Bulandshahr

Uttar Pradesh-203395.

…Applicant

(By Advocates: Mr. Yogesh Kumar Mahur and Ms.

Anshula Gupta)

Vs.

1. Union of India through its Secretary

Ministry of Home Affairs

Govt. of India, North Block

New Delhi-110001.

2. The Joint Dy. Director/G

Intelligence Bureau

Ministry of Home Affairs

New Delhi-110001.

3. The Chairman

Staff Selection Commission

CGO Complex, Lodhi Road

New Delhi-110001.

...Respondents

(By Advocate: Mr. Kumar Onkareshwar)

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OA No.1321/2021

Item No.15

C.No.-4

ORDER(Oral)

Hon’ble Mr. Anand Mathur, Member(A)

Learned counsel for the applicant points out that

the applicant was selected for the post of Junior

Secretariat Assistant (JSA) in Intelligence Bureau(IB)

and was given offer of appointment vide their letter

dated 02.09.2020 directing him to join duty on or

before 02.11.2020. Thereafter, on 09.09.2020 the

applicant was medically examined at the District Govt.

Hospital, Bulandshahr, Uttar Pradesh and he was found

fit for the said post. He also states that he bought air

tickets from Delhi to Kolkata and further from Kolkata to

Aizawal where he was supposed to join duty vide

booking

reference

No.12238447.

However,

unfortunately the applicant suffered a serious electric

shock on 20.09.2020 while he was at home and had to

be immediately rushed to hospital in an emergency

condition as the electric shock was so severe that one

side of his body was partially paralysed. Obviously, in

view of his medical condition he could not have joined

duty. Thereafter, he made a representation to the

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OA No.1321/2021

Item No.15

C.No.-4

respondents for extending the joining time which was

duly considered and agreed to by the respondents and

he was granted extension consecutively vide three

communications, the final one being upto 05.02.2021.

Thereafter, vide the impugned order 21.02.2021 the

candidature of the applicant was cancelled by the

respondents and the dossier was returned to the Staff

Selection Commission. Subsequently, the applicant

again requested for one more extension. However, in

view of the fact that three extensions had already been

granted to him and in terms of Para 12 of offer of

appointment & G.I., M.H.A., O.M. No.9/23/71-Estt(D)

dated 06.06.1978 as amended from time to time his

candidature was cancelled and his dossier was returned

to SSC vide memorandum dated 11.02.2021. He was

declared medically fit to join duties by the Medical

Officer B.B.D. Distt. Hospital, Bulandshahar vide the

medical

fitness

certificate

dated

10.06.2021.

Thereafter,

on

16.06.2021

he

filed

yet

another

representation to the respondents to allow him join

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OA No.1321/2021

Item No.15

C.No.-4

duties. However, as per the learned counsel for the

applicant, the same has not been replied to.

2.

Per contra, the learned counsel for the respondents

states that the respondents were fully aware of the

medical condition of the candidate and had given three

extensions for joining on this account. However,

although the applicant states that his representation has

not been acted upon, the same was replied to vide

communication dated 15.07.2021 rejecting his claim. He

was directed to write to SSC directly for any request for

revival of his candidature. SSC had, in turn, conveyed

vide their letter No.2/70/2021-Legal(ND-II) that an

offer of appointment which has lapsed, should not

ordinarily be revived later except in exceptional

circumstances and on ground of public interest and the

Commission should in all cases be consulted before such

offers are revived. In view of the same there exists no

case of the applicant to be