A AND N ADMINISTRATION Vs. RAJA SEKHAR

JUDGEMENT

(1.) THE four respondents in O. A. No. 60/an/2007 are the petitioners in this writ petition dated November 04, 2008. It has been taken out assailing the order of the Central Administrative Tribunal, Calcutta Bench, Circuit bench at Port Blair dated May 19, 2008. The tribunal directed the authorities to consider the question of promoting the two applicants in the original application to the post of Forest Guard with effect from the date they completed regular service of three years. The authorities were directed to give all consequential benefits except back wages.

(2.) THE relevant part of the order of the Tribunal is as follows :

(3.) IN 1996 the authorities initiated a recruitment process for filing 13 vacancies for the post of Forest Protection Force by promotion. At that date promotion to the post was to be given in terms of the Andaman and Nicobar, forest Department, Forest Protection Force Recruitment Rules, 1987. The method of recruitment, age limits, qualifications, etc. specified in columns 6 to 15 of the Schedule to the Rules provided, inter alia, that in case of recruitment by promotion the candidates should be from literate regular mazdoor with minimum service of three years. K. Raja Sekhar and V. Chandra Sekhar, the two persons who filed the original application before the tribunal, were among the candidates for the post. On July 02,1997 the selection committee prepared the merit list. While name of Raja Sekhar was put under serial No. 6 of the merit list, name of Chandra Sekhar was put under serial No. 10. At the date the merit list was prepared neither of them was regular mazdoor. They were working as mazdoor with temporary status. In view of the fifth central pay commission report higher educational qualification was prescribed for the post. Under the circumstances, in 1999 the competent authority cancelled the list dated July 02,1997 and decided to make recruitment by promotion on the basis of the new recruitment rules. Feeling aggrieved, 13 candidates including Raja Sekhar and Chandra sekhar moved the Tribunal by filing O. A. No. 57/an/2000, which was disposed of by an order dated September 08, 2003 directing the authorities to fill the 13 vacancies by appointing candidates named in the list dated july 02,1997. Accordingly, the authorities filled 12 vacancies. Raja Sekhar and Chandra Sekhar were not appointed on the ground that they were not eligible. Feeling aggrieved, they took out the original application that was disposed of by the impugned order.