S.B. Sinha, J. - (1.) Leave granted.
(2.) The First Respondent herein was appointed on deputation as Chief Engineer of the Public Works Department, Government of Pondicherry on short term deputation/ temporary basis pending selection of the regular incumbent by the Union Public Service Commission (UPSC) with effect from 1-7-2004. He was repatriated to his parent department on 14-2-2005 and relieved off from his duties on the same day. Questioning the same, an original application was filed before the Central Administrative Tribunal on 25-2-2005 praying inter lia therein: "....it is humbly prayed that this Honble Tribunal may be pleased to quash the order passed by the 2nd Respondent in No. A.22012/I/PW-1/A1/2002 (Part) dated 14-2-05 as illegal and unconstitutional and thus render justice."
(3.) R. Sundar Raju (Appellant in the connected appeal), Superintending Engineer, having three years experience, who was holding the current charge of the duties of the post of Chief Engineer at that time, in the meanwhile had filed an application questioning the deputation of the First Respondent herein. In the said original application, Government of Pondicherry inter alia raised a contention that he was not eligible to hold the post of Chief Engineer as he did not fulfill the eligibility criteria therefor. The said original application was dismissed on the ground of ineligibility to hold the said post and, a furthermore regular appointment in terms of the Rules was yet to take place. It was directed: "We have already given a limited direction to the Respondents when the O.A. was entertained, to follow the Recruitment Rules as and when the post of Chief Engineer, PWD is filled up on regular basis. The Respondents have also assured that the Recruitment Rules will be revised and adhered to strictly when the question of filling up of the post of Chief Engineer on regular basis is taken up. In these circumstances, we are of the view that nothing survives in the relief sought for by the Appellant in this O.A. The interim orders are made absolute. The O.A. is disposed of accordingly. No order as to costs." ;