LAWS(APH)-2010-11-68

VARADI RAJU Vs. CHAIRMAN VISAKHAPATNAM PORT TRUST

Decided On November 30, 2010
VARADI RAJU Appellant
V/S
CHAIRMAN, VISAKHAPATNAM PORT TRUST, VISAKHAPATNAM, A.P. Respondents

JUDGEMENT

(1.) The Petitioners are unemployed persons belonging to Scheduled Tribe. The Visakhapatnam Port Trust proposed to engage 17 Pool Khalasies for providing intermittent work to them, by paying consolidated pay of Rs. 5,500/- per month. The further object was to explore the possibilities of inducting them into its service, as and when posts reserved for S Ts arise, after verification of the qualifications, etc. With this object, the Secretary of the Port Trust, the 2nd Respondent herein, addressed a letter dated 24-04-2010 to the Employment Officer, Sub-Employment Exchange, Paderu, Visakhapatnam District, the 3rd Respondent, to sponsor the names of eligible candidates.

(2.) The Petitioners contend that, for one reason or the other, they did not get themselves registered with the 3rd Respondent, and the Port Trust cannot restrict the consideration, only to the candidates sponsored by the 3rd Respondent. Placing reliance upon the judgments rendered by the Supreme Court, they insist that their cases also be considered, subject to their holding the requisite qualifications.

(3.) At the stage of admission itself, the learned Standing Counsel for the Respondents 1 and 2 obtained instructions. On their behalf, it is urged that the Port Trust has the discretion to confine the consideration to the candidates sponsored by the employment exchange, and the Petitioners do not have any right to insist that their cases be considered. Reliance is placed by them, on the judgment rendered by the Division Bench of this Court in Chief Manager, Personal and HRD Section, State Bank of India, Zonal Office, Tirupathi, v. K. Lakshmamma, 2003 4 ALD 225