PUSPALATA SAHOO Vs. UNION OF INDIA

JUDGEMENT

(1.) The orders dated 29.8.2002 passed by the Central Administrative Tribunal, Cuttack Bench, in Original Application Nos. 181 and 244 of 2001 are under challenge in these two writ petitions. In O. A. No. 181 of 2001, the appointment of the petitioner as the Extra - Departmental Branch Post Master of Kalikaprasad Branch Post Office was challenged by one Ashok Kumar Sahu (opposite party No. 5 in W.P.C. No. 3388 of 2002). The Tribunal by its order dated 29.8.2002 quashed the appointment of the petitioner. Aggrieved, the petitioner has filed W.P.(C) No. 3388 of 2002. O. A. No. 244 of 2001 was filed by the present petitioner challenging the order of her termination. But, in view of the order passed in O. A. No. 181 of 2001, the Tribunal dismissed the same saying that it has become infructuous. Against the said order W.P.(C) No. 3400 of 2002 has been filed by the petitioner, Thus, both the writ petitions being interlinked were taken up together and are disposed of by this common order.

(2.) AT the outset, let us look to the facts of W.P.C. No. 3388 of 2002, which has been filed challenging the order passed in O. A. No. 181 of 2001. According to the petitioner, She had applied for the post of Extra -Departmental Branch Post Master of Kalikaprasad Branch Post Office pursuant to the advertisement dated 23.2.2000 (Annexure -1). The application was submitted to the Senior Superintendent of Post Offices, Puri, opposite party No. 2, in time, i.e., before 23.3.2000, along with the relevant documents including the income certificate of the petitioner's husband. Thereafter, pending regular appointment, the petitioner was provisionally selected and appointed as the E.D.B.P.M. of Kalikaprasad B.O. for a period of six months or till regular appointment is made, whichever is earlier, by order dated 22.2.2001 (Annexure -4). Against the said order of appointment, opposite party No. 5 - Ashok Kumar Sahu filed O. A. No. 181 of 2001 before the Central Administrative Tribunal, Cuttack Bench. The Tribunal by order dated 29.8.2002 allowed the said Original Application in part by quashing the appointment of the present petitioner and directing the authorities to consider the case of opposite party No. 5 for appointment to the post of E.D.B.P.M., Kalikaprasad Branch Post Office as per rules.

(3.) THE Tribunal while disposing of Original Application No. 181 of 2001 came to a finding that the present petitioner had submitted her income certificate after the last date fixed for receipt of applications. It. also made an observation that the application of the petitioner could not have been considered because of non -filing of her income certificate in time and the selection should have been confined to the remaining eligible candidates.