SUBHRO KAMAL MUKHERJEE,J. - (1.) The Andaman and Nicobar Administration published a notice in the issue dated 15th March 2007 of the English daily "The Daily Telegrams" inviting applications from eligible local candidates for filling up 5 (five) posts of Tractor Driver. Out of these 5 (five) posts, 2 (two) posts were unreserved, 2 (two) posts were reserved for Scheduled Tribe candidates and 1 (one) post was reserved for Other Backward Class candidate. The petitioner, a general candidate, offered his candidature for 1 (one) post of Tractor Driver. The authorities conducted trade test and viva-voce, whereupon a panel was prepared on 21st August, 2007. The petitioner's overall merit position was 7th and inter se the general candidates, his merit position was 5th. Appointment letters were issued in favour of the first two candidates in the merit list for filling up of 2(two) unreserved posts. It is, however, claimed by the petitioner that within a period of one year from the date of joining, the said 2 (two) posts fell vacant because the incumbents tendered their resignation. He claimed appointment on 1 (one) of the said 2 (two) posts on the basis of Office Memorandum dated 13th June, 2000, which reads as follows: "The Fifth Central Pay Commission in para 17.11 of its Report, has recommended that with a view to reduce delay in filling up of the posts, vacancies resulting from resignation or death of an incumbent within one year of his appointment should be filled immediately by the candidate from the reserve panel, if a fresh panel is not available by then, such a vacancy should not be treated as a fresh vacancy. This recommendation has been examined in consultation with the UPSC and it has been decided that in future, where a selection has been made through UPSC a request for nomination from the reserve list, if any, may be made in the UPSC in the event of occurrence of a vacancy caused by non-joining of the candidate within the stipulated time allowed for joining the post or where a candidate joins but he resigns or dies within a period of one year from the date of his joining, if a panel is not available by then, such a vacancy should be treated as fresh vacancy."
(2.) The claim of the petitioner was not accepted, as a result whereof he approached the Central Administrative Tribunal with an Original Application under Section 19 of the Administrative Tribunals Act, 1985, registered as O.A.No.155/2008. The Tribunal, upon hearing the parties and on consideration of the materials on record, dismissed the application filed by the petitioner by a judgment and order dated 9th September, 2010.
(3.) The said judgment and order is under challenge in this writ petition before us, which has been presented on 13th March, 2012.;