UNION OF INDIA Vs. AMIT DAS

JUDGEMENT

(1.) These three writ petitions are directed against a common order. They are taken up together for disposal. The respondents were empanelled consequent to the selection process started pursuant to a Notice No. P-29E/Recruit/88 dated 15th April, 1988 whereas they have been directed to be recruited as against the vacancies advertised vide Employment Notice No. 1/03 dated 30th June, 2003. Aggrieved by this order, passed by the learned Tribunal, these writ petitions were filed by the Union of India. The facts and circumstances of the case briefly stated are as follows: -

(2.) The applicants for the post were called for viva voce and physical test which were conducted in the year 1989-90. The panel, however, was not published owing to an instruction from the General Manager, Eastern Railways, by an order dated 16th September, 1991, to stop the recruitment process. Some of the aspirants for the posts including one Shri Prabir Ballav moved the Central Administrartive Tribunal, inter alia, for a direction upon the authority to publish the panel. The application made by them, registered as Original Application No.302/93, culminated in an order dated 16th September, 1996 whereby the learned Tribunal held that the authorities had revised the vacancy position from 330 to 370 and had also proceeded to appoint only the SC/ST candidates without any justification. The Tribunal in the circumstances issued the following order: -

(3.) Pursuant to the order dated 16th July, 1996 the panel was published on 15th April, 1997. No recruitment was, however, made from out of the aforesaid panel on the plea that there was in operation a ban on recruitment of Class-IV Group-D Khalasis.