New Delhi: The Central Administrative
Tribunal (CAT) has termed it "arbitrary" the practice of
keeping regular posts vacant due to less load of work in
government departments despite availability of ad-hoc
candidates to fill the seats.
"So long as the post continues to be as a part of the
sanctioned strength of the cadre, it may not be appropriate
for the NDMC not to fill it on the ground of reduction of work
and thereby belies the legitimate expectations of one who has
been waiting for appointment against such a vacancy since
long," the tribunal said.
The CAT passed the order on a petition filed by an ad-hoc
employee Santosh K Tripathi, seeking parity with his
counterpart who was regularised on the post of court clerk by
New Delhi Municipal Council (NDMC).
The CAT, comprising members Dharam Paul Sharma and N D
Dayal, said any attempt to give discretion to the authority
with regard to the matter of appointment on vacant posts is
likely to be misused.
"Giving any discretion to the authority to make or not to
make appointments against sanctioned posts depending upon the
load of work will be a dangerous proposition that is prone to
be used or abused in conferring favours on the favourites and
denying the same to others," the tribunal said.