VIDYAWATI MISHRA Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) This writ petition has been filed against the judgment and order dated 13.01.2004 passed by the Central Administrative Tribunal, Allahabad Bench allowing the Original application of respondent no.4, Saroj Mishra for appointment on the post of EDBPM, Kumar Patti, Jaunpur.

(2.) The facts and circumstances giving rise to this case are that the post of Extra Departmental Branch Post Master (in short 'EDBPM') , Kumar Patti, Jaunpur fell vacant on 30.11.1997 on retirement of regular incumbent. Names were requisitioned from the Employment Exchange on 03.11.1997 to consider the claim of eligible candidates for the post. Four names had been sent including the name of the petitioner and respondent no.4. Appointment letter had been issued to the petitioner on 02.12.1998 which was challenged by the respondent no.4 before the Tribunal and the same has been allowed. Hence the present petition.

(3.) The present petitioner was not represented before the Tribunal as none appeared on her behalf when the matter was taken up, though the list had been revised. Learned counsel for the petitioner could not furnish any explanation, whatsoever, as under what circumstances the petitioner remained unrepresented before the Tribunal; why the petitioner could not move any application for recalling the order if there was "sufficient cause" for her counsel's non-appearance; why the petitioner could not send any application to the Bar Council against her lawyer; and under what circumstances this Court has been approached without furnishing the explanation for her non-representation before the Tribunal.