UNION OF INDIA Vs. K SENTHIL KUMAR

JUDGEMENT

(1.) Senthil Kumar, the first respondent herein filed an application before the Tribunal seeking to quash the order passed by the Superintendent of Post Offices, the first petitioner herein, dated 17.9.1999 appointing G.Nallathambi, the second respondent herein to the post of Extra Departmental Delivery Agent (EDDA) at Kanjan Kollai Branch Office, after rejecting the application of the first respondent for appointment. The said application was opposed by the petitioner Department stating that the appointment of the second respondent was based on the laid down instructions and the first respondent is not entitled to get the appointment as he obtained 248 out of 500 whereas the second respondent, the selected candidate had obtained 404 out of 500 in S.S.L.C. Examination. However, the Tribunal allowed the application and directed the petitioner Department to confine the selection to VIII passed candidates to the post of EDDA by observing that the 8th Standard should be the main criteria for filling up the above post. Assailing the said order, the petitioner Department has filed this writ petition.

(2.) We have heard the counsel for the parties.

(3.) The grievance of the first respondent who filed the O.A. before the Tribunal is that he was not selected for the post of EDDA even though he was a graduate.