JUDGEMENT
S.Ananda Reddy, J. -
(1.) This appeal is filed by the Corporation
aggrieved by the order of the learned single
Judge directing the appellant-Corporation to
examine the case of the petitioner for
appointment irrespective of the fact that he
failed to attend duty during the strike period
in pursuance of the paper notification given
by it and pass appropriate orders regarding
his request for appointment in pursuance of
his selection made in the year 1999, within a
period of three months from the date of
receipt of copy of that order.
(2.) The contention of the learned counsel
for the Corporation is that though a panel has
been prepared in the year 1999 the same has
expired, and therefore, it is not possible for
the Corporation to consider the claim of the
petitioner.
(3.) From the material on record, it is clear
that the Corporation has advertised 946 driver
posts apart from other posts, in pursuance of
which, the petitioner and others appeared for
the interview and in fact, the Corporation
prepared a panel of candidates for
appointment. The candidature of the petitioner
was not considered on the ground that he
failed to respond to a paper notification given
by the Corporation during the strike period.
But, it is not known as to how the writ petitioner
is expected to see the paper notification; and
respond to the Corporation. It is not the case
of the Corporation that individual notices or
call letters, if any were sent and in spite of
that, the writ petitioner did not respond. When
the Corporation has failed to issue any
appointment orders after the completion of
selection process, the laches, if any are only
on the part of the Corporation, but not on the
part of the writ petitioner. Therefore there is
no illegality in the direction given by the
learned single Judge and accordingly we do
not find any merit in the appeal warranting
any interference with the order of the learned
single Judge.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.