Heard Advocate for the opponent No,3, the A.G.P. for opponent No,1 and the Representative of the applicant.
2. It is contended by the learned Advocate for the opponent No,3 that as per para. No,2 of the grievance petition the applicant was retrenched in 1983 whereas the opponent No,3 was appointed after 5 years in the year 1988 and as such the grievance petition filed after 5 years is time-barred.
He also contended that as per Standing Order No, 14 retrenched workmen can be re-employed within one year and as such the right of retrenched person for re-employment is secured and guaranteed only for one year and not beyond that, even the grievance petition is not maintainable being against the spirit of statutory provision of law. In this respect reliance was placed on 1981 SCMR 802.
3. The learned A.G.P. for opponent No,1 has also endorsed the views of the learned Advocate for the opponent No,3.
4. The learned Representative for the applicant contended that a letter was issued by Section Officer on 27-9-1984 in which the directions were given that the retrenched persons shall be given chance to be re-employed if and when vacancy occurs and this has secured and guaranteed the right of the applicant.
5. As has been admitted by the applicant that he was retrenched in 1983 and therefore his right of re-employment as per Standing Order No,14 was secured only for one year and not beyond that.
On the face reading of the grievance petition it not only appears to be time-barred but incompetent as per A Standing Order No,14.
6. T he contention of the learned Representative of the applicant that since the letter was issued by the Section Officer of the concerned department by which it was directed that the retrenched person shall have the preferential right to the vacant post does not carry any weight for the reasons that this letter was issued on 27-9-1984 after the right of applicant to re-employment within one year, as per Standing Order No,14, had expired and this letter cannot have the amending effect upon Standing Order No,14 which is statutory and mandatory provision.
In this view of the matter I find that the Grievance Petition is not only time-barred but barred by Standing Order No,14 and as such is liable to be C rejected. Accordingly I allow this application and reject the grievance petition.