Explore the implications of the recent Delhi High Court ruling which sheds light on a case marked by missed opportunities and a lack of follow-through. This case delves into the challenges faced by the involved parties and the crucial decisions made by the court. Stay tuned for a detailed overview of the proceedings and outcomes.
Facts
- The delay of 60 days in filing the letters patent appeal has been condoned.
- The appellant, despite being accepted as a departmental candidate with the organization, was not available to join services with the respondent at the relevant time.
- The appellant wants to join the post now after completing his three-year tenure of contractual employment in Qatar, despite refusing to join service with the respondent within one week as noted by the learned Single Judge on 23.07.2018.
- The application for condonation of delay has been allowed, with reasons stated therein.
- One post was kept vacant for the appellant until 05.09.2019, showing the bona fide of the respondent, but the appellant did not want to join at that stage and the vacancy was allocated to the next waitlisted candidate before the wait list panel expired.
Analysis
- The appellant had a post vacant for him until 05.09.2019.
- The appellant’s claim as a ‘Departmental Candidate’ was accepted by the Single Judge.
- The appellant failed to join back his services with the respondent at the relevant time.
- The appellant cannot benefit from being a ‘Departmental Candidate’ due to the circumstances.
- The Court concurs with the Single Judge’s findings of a ‘operation successful, patient dead’ situation.
- The Court finds no grounds for interference in the judgment.
- The appellant was given chances to rejoin the respondent but failed to do so.
- The appellant’s lackadaisical attitude towards rejoining affected the outcome.
Case Title: SANJAY SINGH YADAV Vs. AIRPORT AUTHORITY OF INDIA & ANR. (2024:DHC:4008-DB)
Case Number: LPA-391/2024
