RATUL BANIA Vs. SPECIAL JUDGE, CBI AND NIA

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India is preferred seeking inter-alia a direction to the respondent authority to consider and appoint the petitioner in a Grade-IV post of Peon in the establishment of the Special Judge, CBI and NIA, Assam at Guwahati.

(2.) The case projected on behalf of the petitioner, in brief, is that by an Advertisement dtd. 29/3/2022, a process of recruitment was initiated to fill up a vacancy in Grade-IV post of Peon in the establishment of the Special Judge, CBI and NIA, Assam at Guwahati. Responding to the said Advertisement, the petitioner submitted his candidature. Call Letters were issued to the eligible candidates to appear in an interview/viva-voce before a Selection Board on 13/3/2023. After completion of the process, a selection list was published on 31/3/2023. In the selection list dtd. 31/3/2023, one Ranjit Thapa was shown selected for appointment to the post of Peon. The said selected candidate could not, however, be offered appointment due to certain anomalies in his testimonials. While publishing the selection list on 31/3/2023, a waiting list containing the names of two candidates was also published and the peti-tioner's name figured at serial no. 2 in the said waiting list.

(3.) It is the further case of the petitioner that the respondent as the Appointing Authority had thereafter, issued an Order of Appointment dtd. 21/6/2023 in favour of the candidate at serial no. 1 in the said waiting list. On receipt of the Order of Appointment, the said candidate, Pradip Bhakat joined in the post of Peon in the establishment of the respondent. But in the month of November, 2023, Pradip Bhakat expired. As a result, the vacancy has arisen again in the Grade-IV post of Peon in the establishment of the Special Judge, CBI and NIA, Assam at Guwahati, for which the recruitment process was initiated by the Advertisement dtd. 29/3/2022.