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Judgment
This writ petition is directed against the order dated 6 October, 2004 in O.A.No.346 of 2004, injuncting the second respondent from absorbing
the petitioners and respondents 4 to 54 directly to the Group ''C'' Post without framing Recruitment Rules or holding selection through Staff
Selection Commission.
The order is under challenge primarily on the ground that there was no such requirement that the daily rated employee should be absorbed at the
first instance in the Group ''D'' Post and then only he could be considered for promotion as Group ''C'' employee.
We have heard the learned counsel for the petitioners and learned Special Government Pleader (Services), Puducherry on behalf of respondents
2 and 3.
The first respondent filed Original Application in O.A.No.346 of 2004 before the Central Administrative Tribunal, challenging the order dated
16 April 2003 regularising the appointment of Site Maistry as Work Inspector in the higher scale of pay as a one time measure.
The Tribunal found that the appointments were made without framing Recruitment Rules. Before the Tribunal, the Government of Puducherry
admitted that the Government have not created necessary posts and is facing procedural and administrative difficulties. The Tribunal, having found
that there was an attempt to make appointments to Group ''C'' post through back door, rightly granted injunction, restraining the Government from
absorbing the petitioners and respondents 4 to 54 directly to Group ''C'' posts without framing Recruitment Rules. The case of the first respondent
was directed to be considered on merits taking into account his services. We do not find any material to take a different view in the matter.
The Tribunal considered the entire issue and rightly injuncted the second respondent from absorbing the petitioners and respondents 4 to 54 to
Group ''C'' posts without framing Recruitment Rules. The Government of Puducherry has accepted the order passed as early as on 6 October,
2005. We do not find any merit in the contention taken by the petitioners.
In the up shot, we dismiss the writ petition. No costs. Consequently, connected miscellaneous petition is closed.