UNION OF INDIA Vs. KAMLESH KUMAR

JUDGEMENT

(1.) The Union of India through Secretary, Department of Posts, Ministry of Communications, Government of India, New Delhi and Superintendent of Post Offices, West Division, Varanasi have invoked the extraordinary jurisdiction of this court, under Article 226 of the Constitution of India, in challenging the judgement and order dated 3.6.2010 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No.1393 of 2006 'Kamlesh Kumar vs. Union of India and others.

(2.) The facts, in brief, are that an advertisement dated 7.3.2005 was published by the department, inviting applications from scheduled caste candidates, for appointment of Gramin Dak Sewak (Extra Departmental Delivery Agent). The qualification required as per advertisement was High School passed or equivalent examination, more than 18 years of age and possessing of other means to sustain the requirement of family. Following further requirement in the advertisement was mentioned.

(3.) The respondent no.1-Kamlesh Kumar submitted his application pursuant to the aforesaid advertisement. The respondent no.1 had obtained 72.33% marks in his High School Examination and, therefore, he stood at the top of the merit list. Smt. Shila Devi had obtained 65% marks in her High School Examination and she also applied. She stood IInd in order of merit. It appears that the department proceeded to entertain the claim of respondent no.1- Kamlesh Kumar. While examining the condition of providing space/premises for post office, Sri Kamlesh Kumar appears to have submitted a certificate offering premises of Sri Shauqat Ali son of Rahimullah, wherein the post office could be set up. This was verified by the department and it was found that Sri Shauqat Ali has expressed his inability to provide space for post office to Sri Kamlesh Kumar. Consequently, a notice dated 30.12.2005 was issued to Sri Kamlesh Kumar intimating that Sri Shauqat Ali has refused to provide the space, for establishment of post office, as had been mentioned in the application of Sri Kamlesh Kumar and, therefore, an opportunity was afforded to him for providing space to set up the post office within three days, failing which the application of the petitioner would not be considered. In response to this notice, Sri Kamlesh Kumar submitted an application stating that he is now offering another place/premises belonging to Sri Jitendra Kumar, who is ready and willing to provide the space, without rent to be charged from the department. This letter of Sri Kamlesh Kumar is dated 1.1.2006. Thereafter, Sri Kamlesh Kumar submitted yet another letter dated 7.1.2006, substituting the premises offered, belonging to Jitendra Kumar, with that of one Sharad Upadhyaya, on the ground that as only three days time was given to him in the letter of the department, as such, he had proceeded to offer the space belonging to Jitentra Kumar in haste, but from the security point of view the premises of Jitendra Kumar is not appropriate. The certificate dated 4.1.2006 of Sri Sharad Upadhyaya son of Tribhuwan Upadhyaya was annexed.