UNION OF INDIA Vs. SEEMA ADHIKARI

JUDGEMENT

(1.) THIS writ application is directed against a common order dated 30th April, 2012 passed by the Central Administrative Tribunal, Calcutta Bench, on Circuit at Port Blair in OA No.42/AN/2008 along with OA No.43/AN/2008, whereby the learned Tribunal directed the Andaman and Nicobar Administration to consider the applicants in OA 42/AN/2008 against the next available vacancies of Ayahs, without disturbing those who have already been appointed in the meanwhile, as a special case, and to consider the five applicants in OA No.43/AN/2008 for appointment to the existing vacancies of ward attendants, as a special case.

(2.) THE three posts of Ayahs notified on 18th October, 2000, were filled up first from amongst the selected candidates. Subsequently, however, more posts of Ayahs were filled up from the said panel, from time to time.

(3.) THE application being OA No.43/AN/2008 was filed by similarly circumstanced empanelled candidates for the posts of Ward Attendants. The aforesaid applications were rejected out -right by an order dated 15th April, 2009 inter alia on the ground of non -joinder of necessary parties with the finding that mere, empanelment does not confer any right to appointment, even if there be vacant posts.