UNION OF INDIA Vs. SIDD PRAKASH SINGH

JUDGEMENT

(1.) THE writ petition has been preferred by the Union of India and others assailing the order passed by the Central Administrative Tribunal, jabalpur on 6. 5. 05 in O. A. No. 301/04.

(2.) THE facts lie in a narrow compass. On 5. 3. 02, an advertisement for filling up the post of Gramin Dak Sewak Branch Post Master (hereinafter to be referred as GDSBPM in short), Jaypee Puram, ED Branch was published. Siddh Prakash Singh/respondent submitted an application. He belonged to OBC category, though the post was meant for Scheduled Tribe category. He was selected and appointed in terms of the conditions mentioned in the advertisement providing that if no scheduled Tribe category candidate is available, appointment shall be made from scheduled Caste category candidates or OBC category candidates. He joined the post on 1. 6. 02. He worked satisfactorily. The Chief Post Master General in exercise of the powers conferred on him w. e. f. 9. 5. 03, under Rule 4 (3) of Gramin Dak Sewak (Conduct and Employment) Rules, 2001 issued a show cause notice dated 16. 2. 04 as to why the service be not terminated. The said show cause notice was assailed.

(3.) THE stand of the Union of India, Chief Post Master General in the reply was that approval of higher authority was to be obtained for appointment of obc category candidates in place of Scheduled Tribe category candidates, it was necessary to obtain the approval vide instructions contained in letter dated 27. 11. 97 (P-1 ). In para 8 of the letter (P-1), it has been mentioned that names of eligible candidates should be called from Employment Exchange and the Employment exchange fails to sponsor the minimum number of three eligible candidates, an open advertisement should be issued calling for nomination. Even if the minimum number of 3 eligible candidates do not offer their candidatures approval of the next higher authority to the proposed appointment should be obtained before selection is made from amongst such candidates. In case the Employment exchange nominates lesser number of eligible candidates than 3 and it becomes necessary to call for application from the open market also the candidatures of the nominees of the employment Exchange should also be considered alongwith those offering their candidatures in response to the open advertisement. Reliance has been placed on the aforesaid instructions contained in para 8 of the letter.