Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the order dated 9th November, 2001 passed by the learned Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') in an Original Application filed by the Petitioner.
(2.) THE Petitioner has invoked the jurisdiction of the Tribunal, claiming appointment to the post of Ticket Collector. It is alleged that he has been working against Class -Ill post for the last 12 years since 8th March, 1985 on ad hoc basis. He has passed the written as well as the viva -voce test, but has not been placed in the panel, for appointment against the post of Ticket Collector. The Petitioner claimed that he should have been selected as Ticket Collector and is entitled to all arrears and consequential benefits. In reply, it was asserted that the name of the present Petitioner is at Serial No. 56 of the seniority list, but the candidates upto the serial No. 37 were empanelled and therefore, the Petitioner could not be selected in the subsequent selection, though his other co -applicants have been selected. The Tribunal found that the seniority list of the candidates was not quashed in the earlier Original Application filed by the Petitioner, which was decided on 26th April, 1996. Still further, there is no challenge to the subsequent selection held during the year 1997 -98. In the selection under challenge, candidates upto serial No. 37 were selected. Since the name of the Petitioner appears at serial No. 56, therefore, the Petitioner cannot be appointed as no person junior to the Petitioner has been appointed against the post of ticket collector.
(3.) IN the result of the written examination (Annexure P.2), the name of the Petitioner appears at serial No. 38. Subsequent to the viva -voce test, the result was declared, - - -vide Annexure P.3 and 37 candidates were empanelled. The name of the Petitioner does not appear in the said list. It is not disputed that the final Ist has been prepared on the basis of the marks obtained in the written examination and viva -voce test and, therefore, on the basis of the writ:en examination and the viva -voce test, She name of the Petitioner does not fall within the number of post available.;