M.K.SUDHAMANI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this WPCT under Article 226 of the Constitution of India dated January 21, 2013 is aggrieved by an order of the Central Administrative Tribunal, Calcutta Bench (Circuit at Port Blair) dated April 30, 2012 (WPCT p.141) dismissing her OA No.58/AN/2012 at the admission stage itself. The Administration published an advertisement in 1997 inviting applications for appointment to the posts of Primary School Teacher (in short PST) and Graduate Trained Teacher (in short GTT). The petitioner applied for both the posts. The successful candidates including the petitioner were interviewed in October and November 1997.

(2.) TWO separate merit lists were published. While in the merit list for PST the petitioner was placed at no.204, in the merit list for GTT she was placed at no.221. The notified vacancies for the posts were 33 (PST) and 09(GTT). All the notified vacancies were filled by appointing candidates according to the merit lists. Having regard to her respective merit positions, there was no scope for appointing the petitioner to either of the posts.

(3.) CONSIDERING the conditions of the retrenched teachers who served during the period from 1997 to 2003 on contract and ad -hoc basis, the Administration took a one -time policy decision to recruit the eligible among them against the existing vacancies as direct recruits. Accordingly, the Administration issued an order No.2145 dated May 17, 2005 (WPCT p.111) mentioning the terms and conditions on which the eligible persons would be considered for appointment. Conditions 4,5 and 6 of the order No.2145 are quoted below: -