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IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH AT PORT BLAIR
I.P.Mukerji, Shampa Dutt (Paul), JJ.
The Lieutenant Governor and others - Petitioners
Versus
Shri Patrick Ekka and others – Respondents
WP.CT/46/2023
Decided On : 11-12-2023
JUDGMENT :
1. This writ is filed challenging the original order dated 16th June, 2016 in which the respondents/petitioners were directed to follow the order passed in the original application, State of Haryana vs. Plara Singh [1992) 21 ATC 403 where the employees were allowed to continue in the post they were occupying till the vacancies were filled up by regular appointment.
2. An application for review of the said order was made in 2021 which was on 27th February, 2023 dismissed by the learned Tribunal on the ground of delay and also on the ground that no case for review of the said order has been made out. The Tribunal noted that there was no error apparent on the face of the record. On both the grounds, the application for review was dismissed.
3. This application under 226 of the Constitution of India has been made challenging the original order dated 16th June, 2016 as well as the order dismissing the review application dated 27th February, 2023.
4. First of all, the application is hopelessly barred by limitation. We find no reason to condone the delay. On merits, we observe that the Administration has been acting in terms of the said original order by periodically extending the employment of the respondent employer. Till date, the posts in question have not been filled up.
5. In those circumstances, the Administration cannot be said to have any grievance against the said original order of the Tribunal which specifically provides that the contractual employment would come to an end on regular appointment being made.
6. We dismiss this application with the observation as above.
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