THE UNION OF INDIA Vs. K. MANMAD RAO

JUDGEMENT

(1.) This writ application has been filed by Union of India along with the Lt. Governor, Andaman & Nicobar Islands, the Director General of Police, Andaman & Nicobar Police and others challenging the judgement and order dated 21st November, 2013 passed by the learned Central Administrative Tribunal, Calcutta Bench, on Circuit at Port Blair in an application being O.A. No.11/AN/2013 with M.A. No.12/AN/2013 filed by the respondents, whereby the learned Tribunal directed the petitioners to refer the matter of extension of the validity of the Merit List of candidates for promotion from the post of Constable to Head Constable published vide Order No.351 dated 18/1/2011, to the Union of India for necessary orders, in view the fact that an earlier panel of 170 candidates prepared in 2001 had been extended till 2006 till its complete exhaustion.

(2.) A circular No.DGP/Estt./4-4/PC to HC/2010/7415 dated 29th September, 2010 was issued notifying the selection test for filling up 178 vacant posts of Head Constables (Executive), by promotion, in accordance with the standing Order No.5543 dated 9th September, 2008.

(3.) In terms of the said Standing Order, 66-2/3% were to be filled up on the basis of merit by conducting a selection test and 33-1/3% posts were to be filled up on the basis of seniority-cum-fitness, from amongst Constables above the age of 40 years with minimum 5 years of regular service.