GOUTAM CH.DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two writ petitions have been filed against the judgment and order dated 23.4.1999 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.336 of 1998 which was filed by Khirod Kumar Panda -opposite party in O.J.C. No. 11808 of 1999. The Tribunal quashed the subsequent selection for appointment to the post of Extra Departmental Sub -Post Master in which the petitioner in O.J.C. No.12811 of 1999, namely, Goutam Ch.Das was selected and directed that the process of earlier selection in which the above named opposite party (Khirod Kumar Panda) was a candidate for the post in question should be completed taking into account the candidature of all 14 candidates who had applied for the same.

(2.) THE brief facts of the case are that the father of Khirod Kumar Panda was working as Extra Departmental Sub -Post Master, Jignipur S.O. He died in harness on 8.7.1996 after putting in about 32 years of service. The son of the deceased Khiord Kumar Panda at the time of his death was a Graduate and his name was also registered in the Employment Exchange. He applied for compassionate appointment in place of his deceased father but the same was rejected by the Circle Relaxation Committee. Pending such consideration, the post of EDSPM, Jignipur S.O. remained vacant. After rejection of his application names were sponsored from the Employment Exchange vide letter dated 24.3.1997. In the said letter the Superintendent of Post Offices, Cuttack North Division, Cuttack had specifically mentioned other eligibility of the candidates including that the SC/ST candidates may be sponsored and the ST candidates would be given preference. It was also mentioned therein that there would be no interview and appointment would be made on selection. In the proforma of notification of vacancies for the Employment Exchange sent along with the said letter it was mentioned against Column No.9 that the Scheduled Caste/Scheduled Tribe/Physically Handicapped persons may be sponsored and ST candidates would be given preference. The same is reproduced as under :

(3.) IT is necessary to mention here that as a result of above mentioned subsequent selection Goutam Ch. Das the petitioner in O.J.C. No. 12811 of 1999 was selected and appointed as EDSPM, Jignipur SO.