Jyotirmay Bhattacharya, J. - (1.) THIS appeal is directed against an order dated 4th March, 2011 passed by the learned Central Administrative Tribunal, Calcutta Bench in O.A. No.61/AN of 2011, whereby the petitioners prayer for quashing of the order issued by Respondent No.3 on 09.04.2011 and 06.11.2010 for giving certain relaxation to the junior engineers who served the A and N Islands after A and N Islands suffered Tsunami devastation in 2004, for competing them with the other open market candidates in the process of filling up of vacancies in the post of junior engineer on regular basis, was rejected by the learned Tribunal. The petitioners also prayed for direction upon the respondents for implementation of the policy decision dated 7th October, 2009. They also prayed for issuance of direction upon the respondents for absorbing them in regular service as per the recruitment rules framed on 1st February, 1979. None of the reliefs claimed by the petitioners was allowed. In fact, the said application was rejected by the learned Tribunal as a whole.
(2.) THE propriety of the said order is under challenge in this application under Article 226 of the Constitution of India before this Honble Court. Heard the learned counsel of the parties. Considered the materials on record including the order impugned. Let me now consider as to how far the learned Tribunal was justified in passing the impugned order in the facts of the instant case. Admittedly, immediately after the said Islands were affected by Tsunami devastation, the petitioners were engaged by the Administration of A and N Islands to serve the said Islands as junior engineers on contractual basis for a temporary period. The petitioners served the said Islands to the best of their ability during the crisis period. The Administration was also satisfied with their performance.
(3.) TROUBLE started when the Administration subsequently took initiative to fill up the posts of the junior engineers on permanent basis. The decision which was taken by the Administration regarding the selection process for filling up those vacant posts on regular basis, was not favourable to the petitioners. As a result, the Administration was involved in several litigations which went upto the Honble Supreme Court. While deciding the Special Leave Petition being SLP (Civil) No.13484 of 2007 filed by T. Wajith and Ors. against Union of India and Ors., the Honble Supreme Court rejected the Special Leave Petition with a direction that in case any selection takes place, then due credit to the past service of the petitioner, may be given. Honble Supreme Court also observed that the Government may also consider the relaxation of age for the petitioners. Pursuant to the said order of the Honble Supreme Court passed on 5th September, 2007, the officials of the Administration started deliberation on the issue regarding the relaxations which would be given to the petitioners in the selection process. As a matter of fact, at one point of time, the Chief Secretary of the Administration proposed for giving relaxation to those junior engineers who served A and N Islands after the Tsunami by reserving 50% of the total vacancies for them. Even the Chief Secretary suggested for filling up those reserved posts on seniority basis without taking any examination or interview, as they had already been found to be capable to deliver the service of junior engineer in the departments. While making such proposal, the Chief Secretary also expressed his satisfaction with regard to their performance during the period of their engagement on temporary basis. Their ability to serve the said Island in those posts by virtue of the experience they gathered during the period of their engagement on temporary basis, was also recognized by him which will be reflected from the letter dated 7th October, 2009 written by EO to Chief Engineer to the Deputy Secretary(PWD) being annexure A-10 to the writ petition.;