T WAJITH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against an order dated 4th March, 2011 passed by the learned Central Administrative Tribunal, Calcutta Bench in O.A. No.61/AN of 2011, whereby the petitioners prayer for quashing of the order issued by Respondent No.3 on 09.04.2011 and 06.11.2010 for giving certain relaxation to the junior engineers who served the A and N Islands after A and N Islands suffered Tsunami devastation in 2004, for competing them with the other open market candidates in the process of filling up of vacancies in the post of junior engineer on regular basis, was rejected by the learned Tribunal. The petitioners also prayed for direction upon the respondents for implementation of the policy decision dated 7th October, 2009. They also prayed for issuance of direction upon the respondents for absorbing them in regular service as per the recruitment rules framed on 1st February, 1979. None of the reliefs claimed by the petitioners was allowed. In fact, the said application was rejected by the learned Tribunal as a whole.

(2.) THE propriety of the said order is under challenge in this application under Article 226 of the Constitution of India before this Honble Court.

(3.) TROUBLE started when the Administration subsequently took initiative to fill up the posts of the junior engineers on permanent basis. The decision which was taken by the Administration regarding the selection process for filling up those vacant posts on regular basis, was not favourable to the petitioners. As a result, the Administration was involved in several litigations which went upto the Honble Supreme Court. While deciding the Special Leave Petition being SLP (Civil) No.13484 of 2007 filed by T. Wajith and Ors. against Union of India and Ors., the Honble Supreme Court rejected the Special Leave Petition with a direction that in case any selection takes place, then due credit to the past service of the petitioner, may be given. Honble Supreme Court also observed that the Government may also consider the relaxation of age for the petitioners.