HARI SHANKAR NANDY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioner assails the validity of the order passed by the Central Administrative Tribunal, Cuttack Bench in O.A. No. 484 of 1997 whereunder the petitioners prayer for quashing the notice, Annexure -2 to the writ application, was rejected.

(2.) THE factual matrix of the case lies in a narrow compass that the post of Extra -Departmental Branch Post Master (for short 'EDBPM), Ambadiha Branch Post Office fell vacant on the eve of retirement of previous incumbent on 31st May, 1997. The Superintendent of Post Office, Balasore called names from the local Employment Exchange on 10.4.1997. The Employment Exchange sponsored the names of four persons including the present petitioner on 15.5.1997. The petitioner and other candidates who were sponsored by the Employment Exchange had been asked, vide letter dated 16.6.1997, to submit their applications on proper proforma along with necessary documents on or before 8.7.1997. Pursuant to the said letter all the candidates who were sponsored by the Employment Exchange, submitted their applications in the prescribed proforma. The Superintendent of Post Offices without calling those persons to face interview again issued notification on 31.7.1997 vide Annexure -3, inviting applications from general public for filling up the said post of EDBPM, Ambadiha, Therefore, the petitioner being aggrieved by such notification filed an application before the Administrative Tribunal in O.A.No. 484 of 1997 for quashing the notification under Annexure -3.

(3.) FROM the stand taken by the opposite parties it emerges that since the local Employment Exchange did not sponsor names within thirty days of the requisition, there was no other alternative left for the authorities, but to call for application from the open market. One of the candidates had also filed an application before the Tribunal for an appropriate direction to the opposite parties to invite applications for filing up the same post by an open advertisement. There were also several complaints made by the public. Taking all the facts into consideration, the Department therefore invited applications from the candidates from open market.