An applicant facing administrative delays in appointment is entitled to notional seniority and pay fixation but not back wages.

ORDER (ORAL)

Ms. Harvinder Kaur Oberoi, Member (J)

The present application has been filed by the applicant seeking the following reliefs:-

“8.1 To direct the respondent to give appointment to the post of MTS(NT) (as per merit obtained by applicant) in present selection process with all consequential benefits including seniority & promotion and pay & allowances.

AND/OR Any other relief which this Hon'ble Court deems fit and proper may also awarded to the applicant.”

2. Learned counsel for the applicant submits that the applicant was an aspirant for the post of Multi-Tasking Staff (MTS) and participated in the selection process conducted by the Staff Selection Commission (SSC) under the MTS (Non-Technical) Examination, 2020. Although the applicant was provisionally declared successful, for reasons not disclosed, his name was not forwarded to the user departments.

3. Learned counsel for the applicant further submits that the applicant approached this Tribunal by filing the present application. During the pendency of this application, it has been informed that the SSC has now forwarded the applicant's name and dossier to respondent departments No. 3 and 4. Upon receipt of the dossier, respondent No. 3 has offered appointment to the applicant on 20.12.2024, and the applicant has joined the said post on 23.12.2024.

4. Learned counsel for the applicant submits that although the primary relief of appointment has now been satisfied, the applicant is still aggrieved due to the loss caused by delay in appointment. It is submitted that the applicant, who ought to have been appointed along with his batchmates, was denied the opportunity due to unexplained reasons and could join only belatedly in December 2024.

5. It is further submitted that the applicant deserves appointment with all consequential benefits, including seniority, promotion, and pay fixation.

6. Mr. A.K. Singh, learned counsel appearing for the respondents (SSC and the user department), submits that SSC has filed a counter reply in November 2024, wherein it has been stated that the delay in the applicant’s appointment was due to clearance pending from CFSL. It was only upon receipt of the CFSL report that the applicant's candidature could be forwarded to the user department.

7. Learned counsel further submits on behalf of respondent No. 3 that upon receipt of the dossier, the department has duly issued the offer of appointment to the applicant.

8. As regards the consequential benefits sought by the applicant, learned counsel for the respondents submits that the applicant is not entitled to any such benefits since the appointment has been made only from the date of joining.

9. We have considered the rival submissions. The consequential benefits being sought by the applicant relate to seniority, promotion, and pay fixation. The SSC, in its counter reply, has not raised any specific objection to the candidature of the applicant. In fact, it appears that the applicant’s candidature was delayed due to procedural formalities, particularly clearance from CFSL. In such a situation, the applicant cannot be made to suffer permanent prejudice. The delay was not attributable to any fault on the part of the applicant.

10. Accordingly, the applicant shall be entitled to notional seniority and notional pay fixation, to bring him at par with his batchmates. However, it is made clear that the applicant shall not be entitled to any back wages.

11. We are constrained to pass such an order to avoid multiplicity of litigation and to ensure that justice is not denied due to administrative delay. Let the necessary orders be passed by respondent Nos. 3 and 4 within a period of three months from the date of receipt of this order.

12. In view of the above, the present application stands disposed of.

There shall be no order as to costs.