GAGAN BEHARI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed against the judgment and order dated 24.5.2005 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.1156(C) of 1998 which was dismissed by the Tribunal.

(2.) THE brief facts of the case are that the petitioner participated in the recruitment test for the post of Driver held by the opposite party No.2 on 17.5.1997 and a merit list was published on 21.5.1997 in which his name found place at SI. No.6. Appointment orders were issued to the persons mentioned at SI. Nos. 1, 2, 3 and 5 of the select list but the petitioner was not given appointment even though two more vacancies are still existing. Aggrieved, the petitioner filed O.A. No.1156 (C) of 1998 before the Tribunal which was dismissed.

(3.) IT is also to be noted that when the life of a select list was for one year but before the expiry of one year, the ban order has been imposed for making appointment, the life of the select list could not have been treated to have come to an end. The period for which the ban order was imposed was liable to be excluded from the life of the select list as it was not possible to act upon the select list, though selected candidates were available, due to ban order. Therefore, we are of the view that the life of the select list would be counted excluding the period for which the ban order was imposed. The case of the petitioner for appointment was to be considered immediately after the lifting of the ban order, against the available vacancies.