Ashim Kumar Banerjee, J. - (1.) ALL the three writ petitions pertain to identical controversy. Hence, these are disposed of by this common judgment.
(2.) IN or about April, 2007 different departments of A&N Administration issued advertisements for the post of Work -charged Beldar and Khalasi. The Respondents/applicants applied for the said posts and they were ultimately selected as per the select list published on August 30, 2007. Immediately on the next day i.e. on August 30, 2007 the authority issued a notice of suspension of the result. Later on it transpired that complaints were made alleging malpractice and/or illegality committed in the selection process. Pending decision the result was suspended by the Administration. The candidates approached the Tribunal by filing O.A. No. 151/AN/2007 (Anamllah Khan and Ors. v. A & N Administration) and O.A. No. 150/AN/2007. The Tribunal disposed of both the matters on October 11, 2007 inter alia directing the Administration to consider their representations by a speaking order. The Administration thereafter passed an order on November 16. 2007 inter alia cancelling the entire selection process including the select list for the post of Work -charged Beldar and Khalasi and directed the concerned departments to issue necessary advertisement for fresh selection. The said notice inter alia provided that suitable age relaxation for the post of OBC as well as ST candidates must be made by relaxing the upper age limit for OBC candidates by three years and for ST candidates by five years respectively. Thereafter, an association of disabled persons filed a Public Interest Litigation inter alia alleging that no reservation was made for disabled candidates. The Division Bench by judgment and order dated February 26, 2008 disposed of the Public Interest (sic) by directing the Administration to reserve 3% posts of Work -charged Beldar and Work -charged Khalasi for physically handicapped candidates. Their Lordships also directed publication of corrigendum declaring reservation of such posts for the physically handicapped candidates. Challenging the order of the Administration passed on November 16, 2007 the Respondents approached the Tribunal inter alia on the ground that once the select list was prepared there was no occasion for its cancellation. Moreover, the recruitment rules did not provide for relaxation of upper age limit for Scheduled Caste, Scheduled Tribe or OBC candidates. The Tribunal after considering the rival contentions issued the following directions: (i) The impugned cancellation order date 16.11.2007 and the order dated 31.8.2007 be hereby quashed. (ii) The Respondents are directed to act upon the select lists already published or to be published on the basis of old selection and appointments be made accordingly after observing necessary formalities. (iii) So far as OBC, ST candidates are concerned, those who have been or may have selected in the fresh selection, if already held, may be considered for appointment only against vacancies available to these categories as per their respective quota, which occurred after the issue of the employment notification of April, 2007 based on which the earlier selection was held.
(3.) BEING aggrieved by the said order and/or direction of the Tribunal the Administration filed the above writ petitions which were heard by us on the abovementioned date.;