KSHIRODA PRASAD NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition , the Petitioner assails the correctness of the judgment dtd. 22/1/2019 delivered by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.260/773/2015 rejecting the application of the Petitioner for a direction to appoint him as Gramina Dak Sevak Mail deliverer/MC, Kanbageri Block under G. Udayagari.

(2.) The facts of the case are not disputed. The Petitioner was a candidate for the post of Gramina Dak Sevak Mail Deliverer (in short GDSMD), Kanbageri B.O., under G. Udayagairi Sub-division Office. He along with others applied for selection of the aforesaid post. Another candidate secured the first position. The said candidate, who had secured first position joined the post. However, after some time he resigned and thereafter the Petitioner was called upon to produce the original documents for verification. At that time, the Opposite Party No.4 received an instruction from the Higher Authority not to proceed with the appointment of the present Petitioner. Hence he did not issue a letter of appointment.

(3.) Learned Central Administrative Tribunal, Cuttack Bench, Cuttack held that the action of the Opposite Party No.4 in issuing a letter for production of certificate for verification was improper. It further held that the Petitioner could not produce any rule or instructions showing that when recruitment is made only one post of GDS, after joining of the candidate with higher merit, the merit list shall remain valid and others would be given appointment in the event of subsequent vacancy. In absence of such instruction, the action of Opposite Party No.4 to issue a letter date 23/2/2015 will not be appropriate. Hence, the Tribunal dismissed the application of the Petitioner.