Bablani Does It Again - But Time Runs Out
IF you wonder who Bablani is - Kishori Lal Bablani retired two years ago as Chief Commissioner in the Customs and Central Excise Department, which he joined as an appraiser in 1976. Normally appraisers don't become even Commissioners - but how did Bablani become a Chief Commissioner?
Here is the story.
KL Bablani appeared for the I.A.S. and Allied Services examination in the year 1974. He passed that examination and was placed at S. No. 221 in Category III. Candidates up to S.No. 198 were accommodated in Class I service based on the available vacancies. Since Bablani was at S.No. 221, he was accommodated in Class II service in the Customs Department as appraiser.
With effect from 10-11-1976, he was working as Customs Appraiser (Class II) in the Bombay Customs House. In 1983, he made a representation to the effect that in 1974, when the Department of Customs and Excise has notified available vacancies to be filled in by the candidates who qualified at the I.A.S. and Allied Services examination, the number of vacancies was wrongly intimated. Initially, this Department had intimated 35 vacancies to be so filled in for Class I posts. This figure was finally revised to 40 vacancies. According to Bablani, 97 vacancies should have been so notified in Class I posts in 1974 and not 40. Had the vacancies been correctly notified, he would have been appointed to Class I post in this Department in 1974.
The representation, which was made in 1983, was rejected on 23-9-1985. He filed a writ petition in the High Court, which was transferred to the CAT, which allowed his claim by the order of the CAT in 1994. The Government took the matter to the Supreme Court, which dismissed the Government appeal and so Bablani got his seniority from 1974 and got all the promotions.
In 2004, another appraiser made a similar writ petition in the Delhi High Court and the High Court relying on the same Bablani case dismissed the petition. - 2008-TIOL-409-HC-DEL-SERVICE.
In 2010, Bablani was selected for appointment as a Member of the Settlement Commission and posted to Kolkata, which he was directed to join by 16.5.2010. Vide his letter dated 07.05.2010 while accepting the offer of the said appointment, he inter alia requested time to join the post up to 02.08.2010 as he was due to get his increment on 01.07.2010 which would make substantial enhancement to his retirement benefits. In response, the Government declined him the extension of time directing him to join on or before 31.05.2010. He submitted another representation that only two working days were left and his voluntary retirement would need time besides he had to arrange for shifting his family to Kolkata.
His appointment was cancelled.
He approached the Central Administrative Tribunal(CAT) with a plea that the candidates selected along with him have been offered appointment even on 04.10.2010 whereas in his case not only the Government denied extension of time to join but also cancelled his appointment besides debarring him for a period of three years.
The CAT found the cancellation order arbitrary and discriminatory and quashed it. The CAT directed the Government to issue a new offer of appointment preferably within four weeks from the date of CAT order dated 14.09.2011. The CAT also awarded him cost of Rs. 10,000/-
As usual, the Government kept quiet, but Bablani did not. After three months, he sought in an RTI application about the fate of the CAT order, which he could get only after approaching the Central Information Commission.
In the meantime, the Union of India took the matter in appeal to the High Court. On 27.02.2012, the Delhi High Court stayed the CAT Order.
Finally, three days ago, the Delhi High Court delivered its judgement upholding the order of the CAT. But alas! Time has run out - age has caught up with KL Bablani and even though he has won the case in the High Court, he cannot join the Settlement Commission, as he would have reached the upper age limit of 62 years.