V. VELLAIAH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) In this application, the applicant who was working for long periods as a casual worker in the posts of Junior Deckhand, Cook and Netmender in the past from 1977 onwards complains that he has been wrongly denied appointment in any of those capacities after 8.3.1987.

(2.) Mr. Sunit Dutta, the learned Council for the applicant submitted that the applicant had worked for the following periods as Junior Deckhand, Cook and Netmender:

(3.) Mr. A. Sattar, Additional Standing Counsel leading Mr. C.R. Bag, appearing on behalf of the respondents, submitted in the first place that there was no vacancies available in the posts of Deckhand, Cook and Netmender in which the applicant could be absorbed. The respondents had informed the applicant of this position in their letter, dated 25.9.1987 (page 31 of the Reply). Moreover, the Recruitment Rules for the post of Cook and Netmender Group -D, provided for filling up of the posts by direct recruits through Employment Exchange, Advertisement, Viva -Voce or through competitive examination to be conducted, while in respect of Junior Deckhand the available posts had to be filled up to the extent of 50% by posting Fishing second -hand trainees sponsored by Central Institute of Fisheries, 40% by promotion and 10% by transfer. The applicant did not fall in any of the sources of the Recruitment Rules and so his case could not be taken up for consideration, particularly when his name had not been sponsored by the Employment Exchange.