Applicant can’t seek enforcement of order against future vacancies: CAT



JAMMU: Central Administrative Tribunal (CAT) while dismissing a petition filed by Bhupinder Padha seeking direction to respondents to consider case of the petitioner for appointment as a Teacher in District Cadre Poonch, observed that applicant cannot seek enforcement of order against future vacancies.
ACT Bench comprising R S Jain Judicial Member and Anand Mathur (A) Member, while dismissing the petition observed that the applicant seeks settlement of claim against selection of the post of teacher advertised in terms of advertisement dated April 22, 2008. However, despite having writ issued in her favour for adjustment against available vacancies in 2005, the same could not be enforced since no vacancies were available at that time. An applicant can’t seek enforcement of the order against future vacancies.
CAT further observed that filing 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 writ petition filed by her. In view of facts and circumstances, CAT is of the view that there is no merit in TA, which is dismissed.