C BALASUBRAMANI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY consent of learned counsel for the parties, we dispose of these Writ Petitions by this common order.

(2.) THE grievances of the petitioners in both these Writ Petitions relate to the post of Gramin Dak Sevak Mail Packer, Kanjampuram S. O.

(3.) IN W. P. No. 10441 of 2003, the petitioner seeks to challenge the orders of the Central Administrative Tribunal, dated 18. 12. 2002 and 29. 1. 2003 passed in O. A. No. 1143 of 2002 and Review Application No. 6 of 2003 in O. A. No. 1143 of 2002. By the above referred to orders, the Tribunal rejected the petitioner's Original Application as well as the Review Application, wherein the said writ petitioner challenged the order of termination dated 10. 12. 2002 passed by the first respondent by invoking the proviso to Rule 8 (2) of the Department of Posts Gramin Dak Sevak (Conduct and Employment) Rules, 2001 (hereinafter called "the Rules" ). Subsequent to the said order of termination, the first respondent in W. P. No. 10441 of 2003 appointed the petitioner in W. P. No. 49266 of 2006 to the said post, by an order of appointment dated 11. 12. 2002. The said appointment also came to be terminated by an order of termination dated 29. 11. 2005 again by invoking the very same Rule 8 (2) of the Rules, which has resulted in the challenge before the Central Administrative Tribunal and the Tribunal, by its order dated 18. 10. 2006 in O. A. No. 938 of 2005, declined to interfere with the order of termination. The Tribunal also directed the Postal Department to take steps immediately to fill up the vacancy by holding a regular selection within eight weeks from the date of receipt of a copy of the order. It is as against the said order dated 18. 10. 2006 passed in O. A. No. 938 of 2005, the subsequent incumbent, namely the petitioner in W. P. No. 49266 of 2006 has come forward with that Writ Petition.