Central Administrative Tribunal - Allahabad
Rahul Kumar Singh vs Union Of India Through Its General ... on 18 August, 2011
OPEN COURT CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD ***** (THIS THE 18th of AUGUST 2011) Honble Mr. R. Satapathy, Member (A) Honble Mr. A.K. Bhardwaj, Member (J) Original Application No. 1652 of 2010 (U/S 19, Administrative Tribunal Act, 1985) 1. Rahul Kumar Singh, son of late Surendra Kumar Singh, resident of C-130/403, Subhagi Bhawan Geeta Vatika Shahpur, District Gorakhpur. 2. Raj Kumar Gupta son of late Ram Danr resident of House NO. 754B Rai Colony, Mohdipur Gorakhpur. Applicants Versus 1. Union of India through its General Manager, NorthernEastern Railway, Gorakhpur. 2. Senior Section Engineer, Power Maintenance Shop Mechanical Workshop, Gorakhpur. 3. Senior Section Engineer, Power Maintenance Shop G.E.R. Shop, Gorakhpur. Respondents Present for Applicant : Shri Arun Srivastava Present for Respondents : Shri R.K. Rai Shri P.N Rai Shri A.K. Sinha O R D E R
By Honble Mr. A.K. Bhardwaj, Member (J) None for the applicant. Heard Shri R.K. Rai, learned counsel for the respondents.
2. Applicants have filed present Original Application seeking following prayers:-
(i) To issue writ, order or direction in the nature of certiorari quashing the order dated 28.9.2010 passed by respondent NO.2 whereby the candidature of the applicants have been denied for appearing in the examination for the post of J.E. II (Vidyut).
(ii) to issue a writ order or direction in the nature of mandamus commanding the respondent to consider the claim of the applicants permitting him to appear in the examination going to be held for the post of J.E. II (Vidhyut).
(iii) To issue any other suitable order or direction which this Honble Tribunal deem fit and proper under facts and circumstances of the case.
3. Pursuant to notification dated 19.5.2010, respondents invited applications from eligible candidates to appear in the departmental examination for Apprentice J.E. Grade II in 25 % quota. The grievance of the applicant in the present O.A. is against the order dated 28.9.2010 whereby his name was struck off from the list of candidates, who were to appear in the said examination.
4. Respondents have filed supplementary affidavit dated 3.5.2011, stating therein that the notification dated 19.5.2010 in terms of which the applications for aforementioned examination were invited has since been cancelled vide notification dated 19.1.2011. Para 4 of the supplementary affidavit reads as under:-
4. That meanwhile, by notification dated 19.1.2011 aforesaid notification dated 19.5.2010 Departmental Examination of under 25% inter apprentice examination for JE-II under pay scale 5000-8000/9300-34800 Grade pay 4200 is cancelled due to some unavoidable reason. For the kind perusal of the Honble Court true copy of the notification dated 19.1.2011 is being filed here with and marked as Annexure SR-1 to this Supplementary Counter Reply.
5. In view of cancellation of notification dated 19.5.2010, the present O.A. filed by the applicant has become infructuous, the same is accordingly disposed of.
No costs.
Member (J) Member (A)
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