Indian Kanoon - Search engine for Indian Law

Per: Justice N.K. Balakrishnan, Judicial Member The six applicants in OA 1022/2013 seek for a direction to be given to the respondents to effect appointments to 27 posts of Statistical Assistants available under the Union Territory of Lakshadweep from Annexure A1 merit list. They also seek a direction to keep Annexure A1 merit list to be alive till all the posts of Statistical Assistant lying vacant under Union Territory of Lakshadweep are filled up. The ten applicants in OA 1056/2013 also contend that they are entitled to be appointed against the 'existing vacancies' and the vacancies created during the validity of Annexure A3 list of Statistical Assistant. They seek a further direction to appoint them in the order of merit against the vacancies available and anticipated and newly created vacancies during the validity of Annexure A3 list. Annexure A1 list in OA 1022/2013 is shown as Annexure A3 in OA 1056/2013.

2. The applicants in both these cases contend that they were included in Annexure A1 merit list (shown in 1022/2013). Annexure A2 is the notification issued by the respondents inviting applications for the post of Statistical Assistant on 28.11.2011. According to the applicants there were 27 posts of Statistical Assistants and those posts are lying unfilled. The time limit of one year prescribed in Annexure A2 notification is illegal and unsustainable, the applicants contend. Annexure A1 list was to expire on 27.10.2013 i.e one year after the publication of the result/list. Thus according to the applicants that Annexure A1 list has to be kept alive till all the selected candidates are appointed as Statistical Assistants. According to them sufficient number of posts are lying vacant, so as to give appointment to the applicants.

3. This claim is resisted by the respondents contending that the respondents appointed Statistical Assistants filling up of vacancies in accordance with the rank list. After filling up the seven vacancies, no post became vacant nor was any new post created under the department. The list was published pursuant to Annexure A2 notification and after completing the selection process. Only those posts which arose during the period of one year can be filled up from among the selected candidates according to their rank. There were only four existing candidates at the time of Annexure A2. The department considered another 3 candidates from the Waiting List for the vacancies which arose after Annexure A2 and during the validity of the select list. No vacancy arose thereafter. Hence the respondents contend that the applicants are not entitled to get the relief as sought for.

4. We have heard the learned counsel appearing for both sides and have also gone through the pleadings and record.

5. Annexure A2 in OA 1022/2013 is the employment notice dated 28.1.2011 inviting applications to fill up four clear vacancies to the post of Statistical Assistant (Group C Non-Ministerial) by direct recruitment. It was stated in Annexure A2 that there are 'chances for having few more vacancies shortly'. It is also stated that the selection list approved by the competent authority will be valid for a period of one year from the date of notifying the vacancies (i.e, the date of issue of this circular) for any vacancies arises during this period. The words 'the date of notifying the vacancy' was subsequently corrected and it was later clarified as per notification dated 16.3.2012 making it clear that the selection list approved by the competent authority will be valid for a period of one year from the date of publication of the result (vide Annexure A2 in OA 1056/2013). There is no dispute regarding this fact. It is also not in dispute that from out of Annexure A1 selection list of 27 persons, seven persons were appointed.