Facts
The applicant, an aspirant for the post of Assistant (Pay Level-7) in the Employees' Provident Fund Organization (EPFO), challenged the recruitment notice dated 17.05.2019
Source reference: p.3, para 1The applicant alleged that the respondents sought to fill 128 vacancies through direct recruitment without determining the year-wise break-up of vacancies since 2008, which allegedly prejudiced his eligibility for specific years
Source reference: p.3, para 2The applicant further contended that the impugned notice was based on an unapproved draft report that had not been published in the Official Gazette
Source reference: p.4, para 2During the pendency of the matter, the applicant's counsel informed the Tribunal that the grievance no longer required adjudication
Source reference: p.4, para 3Issues
1. Whether the recruitment notice dated 17.05.2019 was legally sustainable in the absence of a year-wise determination of vacancies
Source reference: p.3, para 12. Whether the Original Application (OA) survived for adjudication in light of subsequent developments
Source reference: p.4, para 3Law Applied
The court applied the doctrine of "infructuousness" in administrative law, which dictates that when the grievance of the petitioner has been redressed or the cause of action has ceased to exist during the pendency of the litigation, the court shall not proceed with the adjudication of the merits of the case
Source reference: p.4, para 4Reasoning
The Tribunal did not engage in a substantive analysis of the recruitment procedures or the validity of the 2019 notice.
Source reference: no citationUpon the matter being called for hearing, the learned counsel for the applicant explicitly submitted that the application had become infructuous and that "nothing survives for adjudication"
Source reference: p.4, para 3Based on this voluntary submission by the applicant's representative, the Tribunal determined that a judicial determination on the merits of the year-wise vacancy determination or the validity of the draft report was unnecessary
Source reference: p.4, para 4Holding
The Tribunal held that the matter had become infructuous based on the submissions made by the applicant's counsel
Consequently, the Original Application was closed without any order as to costs
Source reference: p.4, para 4Original Court PDF
M ASRAF ALIvsM/o Labour
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in