T JAYAKUMAR Vs. A GOPU

JUDGEMENT

(1.) Leave granted.

(2.) A little lapse by the respondent authority (Respondent No.2 before this court) coupled with a somewhat unwarranted interference by the Central Administrative Tribunal, Madras Bench, that was affirmed by the Madras High Court has led to a situation where this court is faced with the competing rights of the appellant and respondent No.1.

(3.) The matter in controversy is the appointment as Extra Departmental Branch Post Master of Kadambadi village. The concerned authority issued a notice for filling up the position on 22 December 1999. The last date for receipt of applications was 5 January 2000. Respondent No.1 submitted his application that was received within time on 4-1-2000. On this application, however, he omitted to put his signature. Realising his mistake he sent another application duly filled-up and signed by him on 4 January 2000 with the request that the second application may be treated as part of the first one. The second application sent by respondent No.1 was received by the authorities after 5 January 2000, the last date for submission of applications. The concerned authorities called three candidates for interview, including the first respondent, but in the end it was the appellant who was selected and appointed as EDBPM, village Kadambadi.