Kabiraj Swain v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.21813 of 2015 Kabiraj Swain .....

Petitioner Mr.P.K. Behera, Adv.

Vs.

Union of India and Others .....

Opposite Parties Mr. Gyanaloka Mohanty, Senior Panel Central Govt. Counsel

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

19.04.2022 Order No.

06.

This matter is taken up through hybrid mode.

2. Heard.

3.

This writ petition has been filed challenging the order dated 02.11.2015 passed by the Central Administrative Tribunal, Cuttack bench, Cuttack in O.A. No. 574 of 2012.

4.

As it appears, the advertisement issued by the East Coast Railways for selection to the post of Junior Clerk-cum-Typist of the year 2005 was challenged before the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 574 of 2012. The tribunal while disposing of the original application, observed that the petitioner did not have indefeasible right of employment and as such there is no illegality in the order of the opp. parties, even though the tribunal constrained to observe that they have not demonstrated administrative efficiency in the matter of scrutiny of applications received in response to employment notice and therefore did not interfere with the order impugned. As such not only the petitioner but also similar discrepancy were there in about 6200 cases of applicants and similar action had been taken. The opp. parties have also asserted that there was no discriminatory approach taken by them and no discriminatory can be meted out against the petitioner.

5.

In that view of the matter, this Court is not inclined to interfere with the order of the tribunal.

6.

Accordingly, the writ petition being devoid of merit, stands dismissed.

Arun/Bichi (DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE