MAHENDRA KUMAR SINGH Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE opp.party No.4 filed an application before the Central Administrative Tribunal, Cuttack Bench, Cuttack challenging the order of appointment of the petitioner as Extra Departmental Branch Post Master, Gapalpur Branch Post Office. It has been inter alia stated by the opp.party No.4 that the names of the candidates were asked from the local Employment Exchange which were transmitted on 26.10.1999 and 20.1.2000 respectively. The applicant was a candidate sponsored by the Employment Exchange, whereas the petitioner was a candidate from the open market. The grievance of the opp.party No.4 was that the petitioner does not belong to the Schedule Tribe community and, therefore, his name was not sponsored by the local Employment Exchange.

(2.) THE authority had selected the writ -petitioner on the ground that he secured higher percentage of marks in H.S.C. Examination. It appears that at the time of hearing unfortunately the petitioner could not participate in the hearing nor filed any counter before the Tribunal. Therefore, on the basis of the contentions raised by the opp.party No.4, the petitioners appointment in the post of Extra Departmental Branch Post Master (hereinafter referred to as 'EDBPM) was set aside.

(3.) WHILE examining the contentions we have gone through the recruitment rules. In the recruitment Rules it is envisaged that a candidate should possess adequate means of livelihood and should derive sufficient income from the landed property or other immovable property. It is further indicated that he should possess VIII standard, but the candidate who possesses Matriculation qualification should be given preference. Preference shall be given to the Scheduled Tribe candidate in absence to a Scheduled Caste and in absence to a general candidate. The Tribunal has been satisfied that the petitioner in a comparative assessment, possessed better academic career vis -a -vis the opp.party No.4. The Tribunal further held that the applicant belongs to a Schedule Caste. His income from the landed property was also adequate. Before giving appointment they made through enquiry with regard to the antecedents and other requirements and after they being satisfied, they issued an order of appointment. The Department has also filed a counter before the Tribunal that such requirements having been fulfilled by the petitioner, they issued an order of appointment in his favour.