RAJIV KUMAR Vs. CAT, ALLAHABAD & OTHERS

JUDGEMENT

(1.) We have heard Sri Vinod Kumar, learned counsel for the petitioner and perused the record.

(2.) By the instant petition, the petitioner has challenged the order dated 15th November, 2002 passed by the Central Administrative Tribunal, Allahabad in O.A. No. 1006 of 1997 by which the original application of the petitioner challenging the appointment of Har Prakash (respondent No.5 herein) as an Extra Departmental Delivery Agent, Dalelganj, District Pilibhit, has been dismissed.

(3.) According to the petitioner, the petitioner as well as the respondent no.5, amongst others, participated in the proceedings for selection to the post of an Extra Departmental Delivery Agent at Post-office Dalelganj, District Pilibhit. One of the eligibility conditions was that the applicant for the post should be a permanent resident of the village where the post-office is located. It is the case of the petitioner that the respondent No.5, who was selected for the post, in preference to the petitioner, was not a permanent resident of an area falling within the jurisdiction of post-office Dalelganj but was a resident of Mohalla Pasiapur, Jahanabad, which was out of its jurisdiction. To support the said contention, before the Tribunal, the petitioner placed copy of the appointment letter of the respondent No.5, which disclosed his address to be that of Mohalla Pasiapur, Jahanabad. The Tribunal dismissed the application of the petitioner finding that there was no positive assertion about the residential address of the respondent No.5 and the mere fact that the appointment letter disclosed the address of the respondent No.5 as that of Mohalla Paisapur, Jahanabad was not such a clinching evidence so as to enable the Tribunal to hold that the place of residence of respondent No.5 was not within the jurisdiction of the said post office, particularly, when the address of the respondent no.5 was recorded with the employment exchange as Newada, Shyampur with post-office at Dalelganj.