A.P. Bhattacharya, J. - (1.) These two cases, namely T.A. 10 of 1988 T.A. 11 of 1988 are taken up together as the same question is involved in both the cases and as both the cases were heard analogously.
(2.) These two cases arise out of two separate writ applications filed by applicants, Shri Bimal Ch. Kayet and Shri Amalendu Chakraborty in High Court at Calcutta against the Union of India, represented by the Secretary, Ministry of Finance and three others. The writ applications came to this Tribunal by way of transfer under Sec. 29 of the Administrative Tribunals Act, 1985 for disposal.
(3.) The applicant, Shri Bimal Ch. Kayet was appointed as a Lower Division Clerk in 1960 and applicant Shri Amalendu Chakraborty was appointed as a Lower Division Clerk in 1966 under the Collectorate of Customs. In 1974 and 1976 the Collector of Customs declared that certain posts of Preventive Officer, Grade I would be filled up through examinations both written and oral. Pursuant to that advertisements the applicants applied for the posts. Both the applicants came out successful both in the entrance test and in the physical fitness test and thereafter they were called to appear in the viva voce test. Both of them had done well in the viva voce test, but nothing was communicated to them about the result of the viva voce test. They made representations to the concerned authority, but in reply they were informed that no information about the marks obtained by them in the viva voce test would be supplied to them. Applicant Shri Bimal Ch. Kayet states that although there were 48 vacancies, only 30 were filled up and 18 were kept vacant. In the case of Shri Amalendu Chakraborty there were 48 vacancies out of which only 32 were filled up. The applicants state that in not filling up the vacancies although they had done well in the viva voce test the Collector of Customs had acted illegally. They preferred appeals which were rejected. In filing the applications the applicants have prayed for issuing direction upon the respondents so that they may be appointed to the post of Preventive Officer, Grade I on the basis their performance in the written as well as in the viva voce tests.;