Antony Dominic, J.
The petitioner filed O.A.482/08 before the Central Administrative Tribunal, Ernakulam seeking a direction to the respondents to give him immediate appointment to the post of Assistant Public Prosecutor attached to the Munsiff/Magistrate Court at Amini and Androth Islands under the Administration of Union Territory of Lakshadweep.
2. Petitioner is a law graduate. When Ext.P1 notification was published by the first respondent inviting applications for appointment to the post of Assistant Public Prosecutor (General Central Services, Group B) by direct recruitment, among others, she also submitted her application for the post. From the minutes of the recruitment committee held on 15.9.2007, it appears that there were a total of 59 candidates and among them the fourth respondent, who was then working as Assistant Public Prosecutor on contract basis, was selected. It was challenging his selection and appointment that W.P.(C)No.36917 OF 2009 : 2 :
the petitioner filed O.A.482/08 contenting that the post in question being a Class III post, it ought have been filled up from among the natives of the islands. However, this contention was rejected by the Tribunal relying on the provisions contained in the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short 'the Rules') where the post in question which carried the scale of pay of Rs.6500 - 10500, was classified as a Group B post. It is challenging this order, the Writ Petition is filed.
3. We heard the counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
4. The whole case set up by the petitioner is on the basis that the post in question is a Class III post and this contention is sought to be substantiated by referring to Annexure A2, the Recruitment Rules for the post in question. Going by the provisions contained in the Rules referred to above, the post with the scale of pay of Rs.6500-10500, the scale that is applicable to the post of Assistant Public Prosecutor, is a Group B post. These Rules do not contain any provision requiring that the Group B post should be filled up from among the islanders only.
5. In so far as the provisions contained in the Recruitment Rule are concerned, even according to the petitioner, these Rules have been W.P.(C)No.36917 OF 2009 : 3 :
framed by the Administrator. Therefore, if any provision of that Rule is inconsistent with the CCA Rules, certainly the latter has to prevail. It was taking note of this situation that the Tribunal has declined relief to the petitioner. We cannot find any fault with this order.
6. Admittedly, the petitioner was one of the candidates who applied in response to the notification issued for the post. Though the fourth respondent alone was selected and was appointed, subsequently, he has resigned and left. Even according to the Administration, the post is lying vacant now. Necessarily the vacancy has to be filled up and public interest does not justify any delay in this matter. We, therefore, direct that the respondents will immediately take steps for filling up the vacancy in the post of Assistant Public Prosecutor and that a notification in that behalf shall be issued as expeditiously as possible, at any rate, within three months from the receipt of a copy of this judgment.
Original petition is disposed of.
Sd/-
ANTONY DOMINIC, Judge jes Sd/-
ANIL K. NARENDRAN, Judge