The non-timely conduct of medical examinations by the Respondent compounded by medical difficulties creates exceptional circumstances justifying the revival of a lapsed job offer.

ORDER

Hon’ble Mr. Rajinder Kashyap, Member (A):

The instant OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

“A. Call for records;

B. Quash and set aside the orders dated 21.02.2023 and 24.03.2023 issued by Respondent No. 1;

C. Pass an order directing the Respondent No. 1 appoint the Applicant in the DANIPS Cadre in terms of the offer of Appointment dated 05.11.2020;

D. Award all consequential benefits including seniority, pay protection, increment etc. and grant arrears with interest at 8% p.a.;

E. Award costs to the Applicant;

F. Any other relief which this Hon'ble Tribunal may deem fit and proper in the interest of justice;”

2.FACTS OF THE CASE AS STATED BY THE APPLICANT:-

2.1. The applicant participated in Civil Services Examination, 2019 as well as of the Indian Forest Service (IFoS) 2019 conducted by the Respondent No.3. The result of the IFoS examination 2019 was declared and the applicant secured overall rank of 67 and was allotted AGMUT Cadre in IFoS. In 2020, the applicant reported for Foundation Training at the LBSNAA, Mussoorie, Uttarakhand for training in the 2020 Batch.

2.2.The result of the Civil Services Examination, 2019 was declared belatedlyon 04.08.2020 due to the outbreak of Covid-19 pandemic.

The intimation regarding allotment of service was issued to the applicant vide communication of Respondent No.2.

2.3.The applicant, in the meantime, had already reported for Foundation Training of LBSNAA, Mussoorie and was thereafter undergoing training at Dehradun w.e.f. 18.12.2020.Offer of appointment was issued by Respondent No. 1 to the applicant directing that the offer should be accepted on or before 16.11.2020.The applicant vide letter dated 12.11.2020 conveyed that the offer of the appointment is accepted by him.

2.4.The applicant was conveyed that for the foundation training of DANIPS cadre officers who were selected in CSE, 2019 were required to report at Police Training College, Jharoda Kalan, New Delhi on 01.04.2021. The applicant vide representation dated 10.03.2021 requested an extension of six months to join DANIPS foundation course because some time would be required for the completion of the formalities before joining the service as he was already undergoing training for IFoS officers at Indira Gandhi National Forest Academy, Dehradun. Thereafter, vide communication dated 30.03.2021, the Respondent No.1 communicated its acceptance of request for extension of time to join training and stated that the extension of six months from date of offer of appointment, i.e., 05.11.2020 is being granted. The offer to join was extended till 05.05.2021.

2.5. Another representation dated 05.04.2021 was preferred by the applicant to the Respondent No.1 seeking further extension of time of six months to join Foundation training at PTC, Kharoda Kalan, New Delhi as the applicant was diagnosed with Grade 3 Meniscus tear of right leg. On 22.04.2021, the applicant was tested Covid-19 positive and was directed to remain under home isolation. 2.6. The applicant preferred another representation dated 04.05.2021 (Annexure-A/12) to Respondent No.1 seeking time of 6 months to join DANIPS Foundation Course Training. Respondent No.1 issued letter dated 2.9.2021 (Annexure A-13) to the Medical Superintendent, Dr. Ram Manohar Lohia Hospital, New Delhi dir