JUDGMENT

I. M. QUDDUSI, J. — This writ petition has been filed against the judgment and order dated 24.5.2005 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.1156(C) of 1998 which was dismissed by the Tribunal.

2. The brief facts of the case are that the petitioner participated in the recruitment test for the post of Driver held by the opposite party No.2 on 17.5.1997 and a merit list was published on 21.5.1997 in which his name found place at Sl. No.6. Appointment orders were issued to the persons mentioned at Sl. Nos. 1, 2, 3 and 5 of the select list but the petitioner was not given appointment even though two more vacancies are still exist¬ing. Aggrieved, the petitioner filed O.A. No.1156 (C) of 1998 before the Tribunal which was dismissed.

3. Counter affidavit as well as further affidavit was filed by the opposite parties. In the counter affidavit, it has been mentioned that on 1.3.1998, on account of retirement of Asit Narayan Dutta, driver of the District Welfare Office, Balasore, one post of driver fell vacant but since the case of Rabinarayan Das was pending for consideration under the Rehabilitation As¬sistance Scheme, the case of both Rabin