INDIRA BANERJEE, J. - (1.) THIS writ application is directed against a common order dated 30th April, 2012 passed by the Central Administrative Tribunal, Calcutta Bench, on Circuit at Port Blair in OA No.42/AN/2008 along with OA No.43/AN/2008, whereby the learned Tribunal directed the Andaman and Nicobar Administration to consider the applicants in OA 42/AN/2008 against the next available vacancies of Ayahs, without disturbing those who have already been appointed in the meanwhile, as a special case, and to consider the five applicants in OA No.43/AN/2008 for appointment to the existing vacancies of ward attendants, as a special case. On or about 18th October, 2000, a notice was issued for filling up three posts of Ayahs in the Health Department of the Andaman and Nicobar Administration. Pursuant to the aforesaid notice, applications were received, the selection process commenced, interviews were held and a panel of twenty selected candidates was prepared.
(2.) THE three posts of Ayahs notified on 18th October, 2000, were filled up first from amongst the selected candidates. Subsequently, however, more posts of Ayahs were filled up from the said panel, from time to time. According to the petitioners, in normal course, the period of validity of the panel should have been one year. In the instant case, however, appointments were made from the panel long after expiry of one year. The last appointment from the panel appears to have been made on 27/11/2006. According to the petitioners, the period of validity of the panel could not be extended indefinitely. The petitioners, therefore, decided not to give further effect to the panel. Three of the empanelled candidates, being the Respondents Nos.1 to 3, filed the application being OA No.42/AN/2008 before the learned Tribunal under Section 19 of the Administrative Tribunals Act, 1985.
(3.) THE application being OA No.43/AN/2008 was filed by similarly circumstanced empanelled candidates for the posts of Ward Attendants. The aforesaid applications were rejected out -right by an order dated 15th April, 2009 inter alia on the ground of non -joinder of necessary parties with the finding that mere, empanelment does not confer any right to appointment, even if there be vacant posts. Being aggrieved, the writ petitioners filed a writ application being WPCT No.115 of 2009 in this Court. The said writ application was disposed of by a judgment and order dated 6th November, 2006, whereby this Court set aside the order of dismissal of the learned Tribunal, with a direction on the learned Tribunal to decide the applications on merits, after impleading the appointees to posts other than those notified. The question of maintainability of the application was kept open for decision of the learned Tribunal. ;