Jeedula Sunitha, v. The Singareni Collieries Company Ltd.,

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.3339 of 2015 ORDER:

1. The petitioner claims to be a Post Graduate in Commerce and Graduate in Law. She applied for the post of Junior Estates Officer (E-1 Grade) pursuant to the Employment Notification No.01/2013. In the said notification, 15 vacancies were notified, out of which 10 vacancies are meant for external candidates and the remaining 5 for internal candidates. A written test was held on 20.07.204 and the petitioner secured 52.35 marks. She was placed at Sl.No.5 in the merit ranking list.

She belongs to BC-A community.

The petitioner submits that in respect of 10 vacancies, all the candidates were filled up except BC-E (Woman) candidate and the petitioner is not claiming the said post. However, by relying on Rule 21 of the Recruitment Rules of the Company, she submits that out of the 5 vacancies meant for internal candidates, only 2 internal candidates were recruited and in the remaining vacancies, her case should have been considered.

2.

In the counter-affidavit filed by the respondent, it was stated that the vacancies which could not be filled up are treated as backlog vacancies to be filled up in the next level of recruitment. However, in case of vacancies reserved for woman candidates, which could not be filled up for want of candidates, the same would be filled up by external candidates in the next level of recruitment by treating the internal unfilled vacancies as backlog vacancies to be filled up by external woman candidates. 3.

Learned Counsel for the petitioner submits that the procedure of recruitment adopted by the respondent is contrary to

Rule 21 of the Recruitment Rules of the Company and in view of the same, the petitioner submitted a representation on 25.10.2014 to the respondent and the same is pending.

4.

In the circumstances, in view of Rule 21 of the Recruitment Rules and also in view of pendency of the representation of the petitioner, this Writ Petition is disposed of with a direction to the respondent to consider the representation of the petitioner dated 25.10.2014 taking into consideration the unfilled vacancies meant for internal candidates by applying Rule 21 of the Recruitment Rules pursuant to Notification No.01/2013 and pass appropriate orders, in accordance with law, within a period of Eight weeks from the date of receipt of a copy of this order. No order as to costs.

Miscellaneous petitions, if any, pending shall stand closed. ______________________________ A.RAMALINGESWARA RAO, J 02-08-2016 Gsn