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| Applicant cannot seek enforcement of order against future vacancies: CAT | | | Early Times Report
JAMMU, Jan 17: The Central Administrative Tribunal while dismissing a petition filed by Bhupinder Padha seeking direction to respondents to consider the case of the petitioner for appointment as teacher in district cadre Poonch, observed that applicant cannot seek enforcement of the order against future vacancies.
The bench comprising R S Jain, judicial member and Anand Mathur (A) member while dismissing the petition observed that the applicant seeks settlement of her claim against selection of the post of teacher advertised in terms of advertisement dated 22-4-2008. However, despite having the writ issued in her favour for adjustment against the available vacancies in 2005, the same could not be enforced since no vacancies were available at that time.
Hence applicants cannot seek enforcement of the order against future vacancies. Again, the advertisement was issued on 24.04.2008 but the applicant chose to file the present petition on 1-5-2009 nearly after one year of the issuance of advertisement notice. What is the present status of the advertisement of 2008 is not forthcoming from either side.
The CAT observed that filing the present petition after a delay of one year is yet another factor which goes against her for sleeping over her rights, if any. It was also submitted by respondents that the applicant could have very well filed another contempt petition to seek compliance of the order passed in her favour in the writ petition filed by her. In view of the facts and circumstances of the case, CAT is of the view that there is no merit in the T.A. which is dismissed.
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