LAWS(MAD)-2016-3-453

UNION OF INDIA Vs. REGISTRAR

Decided On March 04, 2016
UNION OF INDIA Appellant
V/S
REGISTRAR Respondents

JUDGEMENT

(1.) Challenge in this writ petition is to the order passed in O.A.No.638 of 2012 dated 26.08.2014 on the file of the Central Administrative Tribunal, Madras, by which directions have been issued to reinstate the 2nd respondent in service, but reposting would be with prospective effect.

(2.) Facts deduced from the material on record are that on 10.10.2011, the Assistant Superintendent of Post Offices, Palani Sub Division, Palani, the 3rd petitioner, issued a notification inviting applications for selection and appointment to the post of GDS MD-I, Ambiligai SO. The 2nd respondent applied for the post. Eligible candidates were called for interview on 01.12.2011. Out of three, one candidate did not attend the interview. Mr.K.Muruganandam, was provisionally selected as GDS MD-I. But, he did not join the post. Therefore, the 2nd respondent was provisionally appointed as GDS MD-I with effect from 17.12.2011, by the Assistant Superintendent of Posts, Palani, the 3rd petitioner.

(3.) When the matter stood thus, the 2nd respondent was abruptly terminated under Rule 8 (2) of GDS (Conduct and Engagement) Rules, 2011 vide order dated 28.05.2012 of the office of the Assistant Superintendent of Post Offices, Palani Sub Division, Palani, holding additional charge of Inspector of Posts, Vedasandur Sub Division. The said order has been challenged in O.A.No.638 of 2012, with a consequential prayer to set aside the same and for a direction to the petitioners/Appellants, to reinstate the 2nd respondent in service.