BHASKAR PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioners in WP(C) 1177/2016, who are also the review petitioners in Review Petition No. 120/2015, are represented by Mr. R. Mazumar, Advocate. The respondents in both the cases are represented by Mr. S.C. Keyal, learned Assistant S.G.I.

(2.) The issues for adjudication have substantially narrowed down in view of the suggestion put forward by Mr. Mazumdar and fairly accepted by Mr. Keyal. As regards the facts of the case, it would be suffice to say that the matter pertains to appointment to the post of Driver in the Assam Postal Circle, Department of Post, Govt. of India, which was initiated vide Advertisement of 2011. The petitioners herein qualified in the Ability test as well as in the Driving test held on 25.09.2011 and 26.09.2011, also freshly conducted on 03.12.2011. Their names were empanelled in the final Select List dated 14.12.2011 which, however, was set aside by the Central Administrative Tribunal, Guwahati Bench vide Judgment & Order dated 13.03.2015 in O.A. No. 293/2011, instituted by the private respondents herein. While quashing the said Select List dated 14.12.2011, the Tribunal made no comments regarding the Driving Test held on 03.12.2011 and made it clear that the departmental authority will go ahead with the recruitment process in terms of the Advertisement of 2011. In other words, the Tribunal only interfered with the Select List dated 14.12.2011 without interfering with the selection process upto the stage of driving test which was conducted on 03.12.2011.

(3.) Pursuant thereto, the Union of India preferred WP(C) 3749/2015 with prayer that in view of subsequent developments with further vacancies having arisen, the department be allowed to invite fresh applications from eligible candidates to participate in a fresh selection process. The prayer was allowed by this Court vide Order dated 15.07.2015 by making it clear that in order to overcome any possibility of the applicants who had responded to the earlier Advertisement dated 24.06.2011 becoming over aged, the applications that had been submitted by them should be considered as valid applications and they be also called to participate in the fresh selection process. Incidentally, the writ petitioners herein who impleaded themselves as party respondents before the Tribunal, were not made party respondents in the writ petition filed by the Union of India. As the order of this Court dated 15.07.2015 permitted a fresh selection, which practically erased their valid selection upto the stage of driving test and the said order having been passed on a writ petition where they were not impleaded as respondents despite being necessary parties, the related Review Petition No. 120/2015 came to be filed. By Order dated 16.12.2015 passed in the review petition, twelve posts of Drivers were ordered to be kept vacant.