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Judgment
Sunil Kumarr Sinha, Member [A]
The OA is at notice stage hearing. Shri Rabindra Kumar Choubey, on receipt of advance copy of O.A. has appearedd on behalf of respondents.
The applicant has preferred this OA against the Circular dated 25.08.2022 (Annexure A/1) inviting applications for limited departmental competitivee examination (LDCE) for filing up the post of Chargeman (Technical & Non Technical) for the vacanccies arising upto 01.12.2022. The applicant's grievance is that the notification shows NIL vacancy for the post of Chargemann Technical (Electrical). Applicant''s contention is that in the Circular issued in 20020 for LDCE for the post of Chargeman Technical (Electrical) there were two vacancies and only one vacancy was filled up through the LDCE. One vacanccy had remained unfilled. The resppondents have shown nil vacancy in the circcular dated 25.08.2022 for the post. The applicant submitted a representation raising his grievance before the respondent authorities on 13th September 2022 (Annexure A/5) but got no response. The applicant has prayed in the O.A to declare Para 1 of the notificaation mentioning NIL vacancy for Chargemann Technical (Electrical) as null and void and also to direct the respondents to rectify the number of vacaancy for the post of Chargeman Technical (Electrical) and to allow the applicaant to fill up the vacant post ..
Heard. Ld counsel for applicant suubmits that respondents, by not notifying the unfilled vacancy of Chargemman Technical (Electrical) in the Circular dated 25.08.2022 (Annexure A/1) have deprived the applicant of opportunityy to get promotion. Ld counsel submits that applicant would be satisfied if respondents are directed to decide his representation dated 13.09.2022 within a time frame stipulated by this Tribunal.
Ld counsel for respondents submits thhat though there is contradiction in the prayers of applicant in the OA, he has no objection if OA is disposed of with directiion to the respondents to consider the representation of the applicantt and take a decision thereon. Ld counsel submits that respondents may be granted 2-3 months to decide the representatioon.
Considered the submissions. Taking note of entirety of facts, the O.A. is disposed off with direction to respondents to consider and decide the applicant’s representation dated 13.09.2022 ( Annexure A/5) within two months from the date of receeipt of copy of this order by passinng a reasoned and speaking order.
