IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6049 of 2010 Pushpa Kumari D/O Shri Devendra Prasad Sinha, resident of Village- Tarajiwar, P.S. Hathauri, District-Muzaffarpur -- Petitioner. Versus 1. The Union of India through the Director General, Door Darshan Bhawan, Mandi House, New Delhi. 2. The Chief Engineer (East Zone) Akashvani and Door Darshan, Akashwani Bhawan Eden Garden, Kolkata. 3. The Station Engineer, Door Darshan Maintenance Centre, Motihari. 4. The Assistant Engineer, Television Relay Centre (L.P.T.), Sitamarhi.--- Respondents. ------- 2. 8.4.2010 Heard Mr. V.R.P. Singh for the petitioner, and Mr. Maya Nand Jha for the respondents. This writ petition is directed against the order dated 30.10.2009 (Annexure-5), passed by the learned Central Administrative Tribunal, Patna Bench, in O.A. No. 466 of 2003 (Pushpa Kumari Vs. Union of India & Ors.), whereby the original application has been rejected, and the Tribunal has declined to issue a direction for the petitioner’s appointment on the post of Technician in Low Power Transmitter of Doordarshan. 2. A brief statement of facts essential for the disposal of this writ petition may be indicated. The respondent authorities had sent requisition on 20.1.1997, District Employment Officer, Motihari, calling for names for 2 appointment of two technicians in the general/un-reserved category, and one post for the reserved category of scheduled caste. The interview took place on 7.6.1997, Sanjiv Kumar Srivastava, Ravi Shankar Kumar and the present petitioner were at sl. nos. 1, 2 and 3 respectively, of the merit of the general category. The first two joined his duties, whereafter one of them was transferred to Phulparas. The petitioner, therefore, submitted representation that she should be adjusted against the vacancy caused by the transfer. The respondent authorities refused to accede to the request leading to O.A. No. 248 of 2002, which was disposed of with the direction to the petitioner to submit an appropriate representation before the authorities, to be disposed of in accordance with law. The same was rejected leading to the second original application by the petitioner bearing O.A. No. 691 of 2002, which was also disposed of with a like observation. The petitioner’s representation on this occasion has been rejected leading to the present O.A. No. 466 of 2003, which has been rejected by the impugned order. Hence this application. 3 3. It appears to us that the appropriate authority rejected the petitioner’s representation on the present occasion by order dated 25.11.2002, the relevant portion of the order is reproduced hereinbelow: “As the requisition was for 2(two) posts of technicians under General category, which have since been filled up by the two selected candidates, the case of Pushpa Kumari could not be considered, as she was a candidate of general category under waiting list. It is well settled principle of law that mere inclusion of name in the waiting list do not confer any claim for appointment, specially when the two vacancies have already been filled up. In this regard our Honourable Supreme Court has held that “No right accrues for appointment to a person merely because he is selected and his name is put on a panel.” This fact will be relied upon from the decision reported in (2002)2 B.L.J.R.946.” It is thus evident that the two posts of technician were duly filled up after completion of the selection process by the persons who were at sl. nos. 1 and 2 of the selection list. Transfer of a person can not be taken to cause a vacancy. The petitioner’s claim was thus founded on an untenable basis, namely, vacancy caused by transfer. Law is well settled that deployment of the work-force, and transfer of employees, is essentially a managerial and 4 executive function. The court should desist from interfering with such administrative orders. The position is the same in the present case. The transfer did not result in any vacancy. 4. There is no merit in this writ petition. It is accordingly dismissed. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)