NISHITA MHATRE,A.C.J. - (1.) The Chief Electoral Officer, West Bengal has preferred the present writ petition challenging an order 29th February, 2016 passed by the West Bengal Administrative Tribunal by which he has been directed to ensure the appointment of the applicant/respondent no.1 herein in a Group-D post by way of relaxation of age and to complete the exercise towards formalizing of the appointment of the respondent no.1 (hereinafter referred to as the applicant).
(2.) Mr. Kar, learned senior advocate, appearing for the petitioner submits that the Chief Electoral Officer is an independent authority under the Representation of the People Act, 1950 and the rules framed thereunder and the said statutes do not empower him to grant appointment to any Group-D post under the State Government and he is not the appointing authority of such post. The petitioner is under no statutory obligation to initiate any selection process to fill up any vacancy in any department of the State Government. The selection process was initiated by the State and the State authorities failed to discharge their obligations and as such the learned Tribunal ought to have issued direction upon the State authorities to grant appointment to the applicant but by the impugned order the learned Tribunal has erroneously directed the petitioner to ensure the appointment of the applicant.
(3.) Mr. Mukherjee, the learned Additional Government Pleader appearing for the State respondents being the proforma respondent nos.2, 3 and 5, submits that there was no approved vacancy and no steps were taken by the State respondents to fill up any vacancy. Even if it is assumed that any selection process was initiated and the applicant was empanelled, such empanelment did not create any indefeasible right in favour of the applicant to claim appointment. The applicant has approached the learned Tribunal belatedly and being 57 years of age at present, he is age barred to be appointed in any vacant post under the State Government.;