SADHU CHARAN PRADHAN Vs. STATE ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) IN this batch of Writ Petitions, the Petitioners seek to challenge the order of the Orissa Administrative Tribunal, Bhubaneswar in O.A. Nos. 880 of 2000, 732(C) of 1999, 361 (C) of 2000, 362(C) of 2000, 1113(C) of 1999, 998 of 200,0 & 1476 of 2001, wherein prayer of the Petitioners to issue direction to the Government to absorb them as "Firemen" was refused.

(2.) THE Petitioners had applied for recruitment to the post of Fireman in pursuance of the advertisement dated 15.05.1997 issued by the Fire Officer, Orissa, Cuttack. In total, 176 posts were advertised for recruitment test. The test was to be conducted by a Selection Board consisting of senior officers of the Department. They prepared a list of 176 candidates which contained the names of the Petitioners. The grievance of the applicants -Petitioners is that they were not appointed even though vacancies were available. It is their case that out of 176 candidates only 130 were appointed. The Petitioners further claimed that Opposite Party No. 3 issued letter dated 24.03.1.989 indicating that the select list/merit list is to be valid for a period of one year from the date of application or till another recruitment of Firemen is held, whichever is earlier. The Petitioners further claimed that though advertisement was for 176 posts, the select list/merit list was published for 238 posts, Petitioners further submit that Opp. Party No. 3 issued appointment letters to the 132 selected candidates from the select list/merit list vide order No. 1320/RO dated 01.04.1998, indicating that the appointment will be given to the select candidates after verification of character & antecedent records & subject to medical fitness for such appointment. Petitioners further submit that letter No. E -2/96 issued in the month of July, 1998 reflects that the Government in Home (DCD) Department accorded approval to the decision of the High Power Committee, to fill up post of Fireman & 16 posts of Station Officer.

(3.) CONSIDERING the fact of this case, Orissa Administrative Tribunal, Bhubaneswar refused to issue a direction to appoint all the applicants. However, the Tribunal recommended that whenever next selection is held & if the applicants want to participate in the selection, they may be allowed to do so by relaxing the upper age limit having regard to the fact that they had been selected & have been pursuing the case & could not be appointed due to reduction in the number of vacancies. Such order of the Tribunal is assailed in this writ application under Article 227 of the Constitution of India.