P. Mandal, J. - (1.) These three applications are disposed of by this common judgement and as the common question of law is involved therein. For convenience, the W.P. No. 1301 of 2010 is taken up for decision first. W.P. 1301 of 2010
(2.) The writ petitioner herein was appointed as Daily Rated Mazdoor by the Secretary, Municipal Council, Port Blair. The petitioner was then appointed as Sanitary Mazdoor with effect from January 06, 2000. He possesses the requisite qualification for being appointed to the post of Sanitary Inspector. As per executive instruction issued by the Assistant Secretary (LSG), Andaman and Nicobar Islands, the Port Blair Municipal Council is to follow the government Recruitment Rules for the post of which similar to posts in government department under the Administration. In 2008, the petitioner preferred a writ application being WP No. 78 of 2008 for appointment to the post of Sanitary Inspector. The said writ application was disposed of directing the Administration to consider the candidature of the writ petitioner for the said posts of Sanitary Inspector. Several litigations with regard to the promotion to the posts of Sanitary Inspector were held. In another writ petition being W.P. No. 1210 of 2010, this Hon'ble Court, Circuit Bench directed the Administration to consider the case of the petitioner on 19.8.2010. Pursuant to that order, the petitioner was informed by Office Order being No. 4446 dated 13.09.2010 that his case for the post of Sanitary Inspector would be considered along with others as and when such post would be advertised or names would be called from the Employment Exchange. Under the circumstances, the petitioner has prayed for cancelling the impugned order no. 4446 dated 13.9.2010 and other reliefs for giving him appointment to the post of Sanitary Inspector under the Municipal Council.
(3.) The respondent authorities and the respondent nos. 2, 4 and 5 are contesting the said writ application by filing appropriate affidavits -in -opposition contending inter -alia that the contents of the writ application are not true. The petitioner approached the Hon'ble High Court with un -cleaned hands. The grounds as set out for reliefs are vexatious, harassing, false, baseless and devoid of merits. The petitioner is not entitled to get any reliefs as claimed in the writ petition.;