GOVERNMENT OF PUDUCHERRY Vs. THE CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE Madras Bench of Central Administrative Tribunal appears to be very generous in the matter of relaxation and regularisation. The Tribunal taking into account the fact that the second respondent approached it for relief for the 5th time, directed the petitioners to consider his case for appointment as primary school teacher in any one of the two vacancies relating to the year 2000 by granting relaxation. Since the direction was in violation of the Recruitment Rules and without taking into account the cases of others, who are languishing for employment opportunities, the petitioners are before this Court.

(2.) THE second respondent initiated process to fill up the post of primary school teachers in the union territory of Pondicherry. The Government have constituted departmental recruitment committee to fill up 25 vacancies in the region of Yanam. The second respondent was also an applicant for appointment, however, he was not selected. The second respondent therefore filed O.A. No. 516 of 2002 before the Central Administrative Tribunal (herein after referred to as the 'Tribunal') for appointing him to the post of primary school teacher against Other Backward Class vacancy, which remained unfilled due to litigations, by relaxing the Recruitment Rules. The original application was disposed of by the Tribunal with a direction to consider his case on merits. The Government rejected the request by order dated 12.9.2002.

(3.) THE second respondent filed second original application in O.A. No. 635 of 2003 again with a prayer to consider his case for appointment after granting relaxation. The Tribunal vide order dated 30.4.2004 directed the petitioners to consider the case for relaxation. However, the Education Department rejected the request by order dated 04.10.2004.