L T GOVERNOR Vs. M DEEPA

JUDGEMENT

(1.) THIS is an application under Article 226 of the constitution of India against the judgment and order dated May 21, 2007 passed by the Central Administrative Tribunal, Calcutta Bench (Circuit at port Blair) in Original Application N0. 26/an/2007.

(2.) THE relevant facts leading to filing of this application before this court and summarised as under: -

(3.) MR. Ashok Banerjee, learned Senior Counsel, appearing for the petitioners, submits that the prayer for appointment by Ms. M. Deepa against the vacancy caused due to the resignation of Ms. Geeta Devi is misconceived. He submits that once all the appointments were made pursuant to the recommendation of the selection committee, the panel has lost its force and on account of vacancy due to resignation of one of the appointed candidates, she could not be offered appointment against such vacancy. Mr. Banerjee submits that the administration is likely to get better candidate if a fresh vacancy notice is published. Mr. Banerjee contends that the office memorandum, referred to hereinabove, has no legal force. In support of his contention Mr. Banerjee cites the decision of the Supreme Court of india in the case of Union of India and Ors. v. B. Valluvan and Ors. , reported in air 2007 Supreme Court 210: 2006 (8) SCC 686.