worked
and to consider the possibility of regularization against existing
or future vacancies. The Tribunal observed that despite its
earlier directions, the authorities ... Regional Training Institute should be
considered against existing and future vacancies in Group 'D'
posts. Acting on the basis of the decision
arbitrarily carried out and furthermore the respondents have
reduced the number of vacancies midway through the selection
process which has inflicted irreparable loss and injury ... applicants' merit rank was below the last selected candidate,
though future vacancies arising from non-joining or disqualification
could be considered according to merit
rules subsequent to the date of
notification of vacancies. Filling up the vacancies over the
notified vacancies is neither permissible nor desirable, for the
reason ... exercise would be arbitrary. Filling up of vacancies
over the notified vacancies amounts to filling up of future
vacancies and thus, not permissible
rules subsequent to the date of
notification of vacancies. Filling up the vacancies over the
notified vacancies is neither permissible nor desirable, for the
RITU ... exercise would be arbitrary. Filling up of vacancies
over the notified vacancies amounts to filling up of future
vacancies and thus, not permissible
rules subsequent to the date of notification of vacancies. Filling up the vacancies over the notified vacancies is neither permissible nor desirable, for the reason ... advertisement can be started for clear vacancies and also for
anticipated vacancies but not for future vacancies. If the requisition and advertisement
said letter, it is also mentioned
that if in the future vacancies arose his case would be reconsidered.
Frustrated by the long delay, the applicant ... representation remains
in the pending list to be considered if future vacancies arise.
Page No.3
6. The applicant has also filed a Rejoinder Affidavit
earlier. Such request for transfer will only be considered against the
future vacancies of G.D.S. and that too after examining the possibility ... career.
(ii) Request for such transfer will be considered against the
future vacancies of GDS and that too after examining
the possibility of recombination
applicant be appointed against an existing vacancy and if such vacancy is not
available against a future vacancy. Learned counsel submits that he has made ... future vacancy and in this case, the vacancy against which the
applicant was appointed could be deemed to be a future vacancy with respect
circumstances, the
applicant is also entitled for consideration as and when future vacancies arise.
9. The O.A. is accordingly, allowed and the respondents ... keeping his name in the priority list for compassionate
appointment in future vacancies. No costs."
2. Notices were issued to the respondents
rules subsequent to the date of notification of vacancies. Filling up the vacancies over the notified vacancies is neither permissible nor desirable, for the reason ... would be arbitrary.
8. Filling up of vacancies over the notified vacancies amounts to filling up of future vacancies and thus, not permissible
