ASHOK KUMAR SAHOO Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition the petitioner has questioned about the propriety of the order dated 8 -8 -2000 passed by the Central Administrative Tribunal. Cuttack Bench, Cuttack in O.A. No. 571 of 1999 filed by the opp. party No. 3 against the opp. parties 1 and 2 without impleading the petitioner as a party therein whereby the Tribunal directed to consider the application of opp. party No. 3.

(2.) THE opp. parties 1 and 2 issued an advertisement/notification dated 29 -7 -1999 inviting application for the post of Extra Departmental Sub -Post Master, which was designated as 'GRAMINA DAK SEVA SUBPOST MASTER' (hereinafter referred to as 'GDSSPM') at Tuiasipur, Banki Sub -Post Office under Cuttack Division. The petitioner offered himself to be a candidate from O.B.C. community and claimed to have secured 64% of marks in Board of Secondary Examination. It appears that opp. party No. 3 filed a case before the Central Administrative Tribunal, being O.A. No. 571 of 1999 where in he claimed that the post of GDSSPM should be filled up from the S.T. category. In the absence of any candidate from S.T. category, preference should have been given to the Scheduled Caste community. But the opp. parties 1 and 2 without giving any preference to opp. party No. 3 were about to give appointment order to the present petitioner. Thus, he has prayed against opp. party No. 2 to cancel the appointment, given in favour of the petitioner. The opp. parties 1 and 2 before the Tribunal have submitted in their counter by stating that the petitioner was already given appointment as GDSSPM from O.B.C. category. The post of GDSSPM was not exclusively meant for the Scheduled Caste persons as stated by opp. parties 1 and 2. But, however, the Tribunal after rejecting the stand taken by them directed that the application offered by the opp. party No.

(3.) MR . Mohanty, the learned Advocate appearing for the petitioner has strongly contended that the post of GDSSPM was never meant exclusively for Scheduled Tribe and Scheduled Caste people, but it was meant to be filled up from general candidates.