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Judgment
Sunil Kumar Sinha, M[A]
The OA is at notice stage hearing. Shri Rabindra Kumar Choubey, on receipt of advance copy of O.A. has appeared 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 competitive examination (LDCE) for filing up the post of Chargeman (Technical & Non Technical) for the vacancies arising upto 01.12.2022. The applicant's grievance is that the notification shows NIL vacancy for the post of Chargeman Technical (Electrical). Applicant's contention is that in the Circular issued in 2020 for LDCE for the post of Chargeman Technical (Electrical) there were two vacancies and only one vacancy was filled up through the LDCE. One vacancy had remained unfilled. The respondents have shown nil vacancy in the circular 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 notification mentioning NIL vacancy for Chargeman Technical (Electrical) as null and void and also to direct the respondents to rectify the number of vacancy for the post of Chargeman Technical (Electrical) and to allow the applicant to fill up the vacant post ..
Heard. Ld counsel for applicant submits that respondents, by not notifying the unfilled vacancy of Chargeman Technical (Electrical) in the Circular dated 25.08.2022 (Annexure A/1) have deprived the applicant of opportunity 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 that though there is contradiction in the prayerss of applicant in the OA, he has no objection if OA is disposed of with direction to the respondents to consider the representation of the applicant and take a decision thereon. Ld counsel submits that respondents may be granted 2-3 months to decide the representation.
Considered the submissions. Taking note of entirety of facts, the O.A. is disposed of 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 receipt of copy of this order by passing a reasoned and speaking order.