SHAILENDRA KISHORE Vs. CENTRAL ADMINISTRATIVE TRIBUNAL & OTHERS

JUDGEMENT

(1.) In sequel to the petitioners successfully clearing a competitive examination conducted on a all India basis for filling up the relevant advertised vacancies also in consequence to theirs successfully clearing the viva-voce they stood selected against the relevant vacancies in sequel whereto they undertook training at Jaipur. Further more their contractual appointments against the relevant vacancies stood preceded by their character standing affirmatively verified by the agency concerned also on theirs standing subjected to medical examination. The respondent concerned issued advertisement/notice comprised in Ex. P-18 for filling up the post of Investigator(s) on a permanent basis. The petitioners herein claim a direction being rendered upon the respondents by this Court to offer appointments to them against the post of investigator(s) as stands advertised by them to be filled up on a permanent basis.

(2.) The rendition of the Central Administrative Tribunal comprised in Annexure P-20 palpably ousts the claim reared by the petitioners. The aforesaid rendition of the Central Administrative Tribunal while ousting the claim generated therebefore by the petitioners wherein they sought a mandate being issued upon the respondents to on eruption of apposite vacancies in the cadre of investigator(s) regularize their hitherto contractual appointments had in the relevant paragraphs which stands extracted hereinafter concluded of the judgment of Orissa High Court, Cuttack, which stood affirmed by the Hon'ble Apex Court holding a view qua on eruption of apposite contractual vacancies contractual appointees holding a status at par with a retrenched employee whereupon they hold an entitlement to stake a claim for their appointment against contractual vacancies, whereas with the respondents issuing advertisement for filling up the relevant post on a permanent basis rendered the petitioners claim for theirs being offered appointment against a regular vacancy suffering the ill fate of it standing ousted, yet a right stands reserved qua the petitioners qua their standing entitled on eruption of contractual vacancy(s) for theirs being considered for appointment thereto.

(3.) The legal vigor of the aforesaid pronouncement of the Central Administrative Tribunal comprised in Annexure P-20 is to be tested on the anvil of a conjoint reading of the trite factum of the petitioners after undergoing the rigor of successfully facing a competitive examination also theirs successfully facing a viva-voce besides theirs undergoing training, on completion whereof they stood appointed against the relevant posts on a contractual basis preceding whereof the relevant agency after holding the apposite verifications proclaiming them to hold not a stained character also given theirs preceding to theirs standing appointed theirs standing declared medically fit vis-à-vis the availability of apposite post(s) on a permanent basis with the respondents, availability whereof bespeaks of hence the respondents holding a perception qua continued necessity of engagement of investigator(s) whereupon the renditions of the Hon'ble Apex Court occurring in Secretary, State of Karnataka and others versus Uma Devi (3) and others, 2006 4 SCC 1 and in Nihal Singh versus state of Punjab, 2013 14 SCC 65 warrants their respective application hereat.