SUPERINTENDENT OF POSTS Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The Superintendent of Posts, Banda, Post Master General, Kanpur and the Union of India through Secretary, Ministry of Communication have together joined to file this Writ Petition challenging the order of the Central Administrative Tribunal, Allahabad Bench dated 5.2.1997 allowing original application No. 546 of 1992 and the consequential order 31.7.2000 rejecting the review application thereof. Post Master General, Kanpur on 5.8.1991 notified vacancies to the posts of Postman and village Postman to be filled up division wise from the Extra Departmental Agents (in short EDAs) working in the divisions. On its basis Superintendent of Posts, Banda vide letter dated 24.5.1991 notified that the examination for promotion to the post of Postman and village Postman from amongst the EDAs would be held on 18.8.1991. Fourteen EDAs including respondent Nos. 2 to 6 applied and appeared in the examination. The result of the examination of other divisions was announced but that of the candidates of Banda division was withheld. Subsequently, Superintendent of Posts, Banda vide letter dated 24.1.1992 declared that the examination of the Banda Division has been cancelled by the Chief Post Master General, Lucknow.

(2.) The aforesaid cancellation was challenged by the respondent Nos. 2 to 6 by filing original application No. 546 of 1992 before the Central Administrative Tribunal, Allahabad and a prayer was made for declaration of the result before the next promotional examination and to appoint them on the vacant posts of Postman of Kanpur Head Post Office.

(3.) The Central Administrative Tribunal vide impugned order dated 5.2.1997 allowed the application and directed for declaration of the result of the EDAs of Banda Division held on 18.8.1991 with further direction that the successful candidates thereof be posted against the 17 vacancies of Kanpur Head Post Office as per the Rules and to accord them seniority alongwith the other candidates promoted on the basis of the said examination but refused payment of salary to them for the period prior to their joining.