LAWS(ORI)-2017-7-53

ANANTA CHARAN SAHOO Vs. UNION OF INDIA

Decided On July 10, 2017
Ananta Charan Sahoo Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India wherein the order dated 8th July, 2004 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.358 of 2002 is under challenge whereby and where under the Tribunal while dismissing the original application has granted no relief to the applicant/petitioner herein for his appointment as Gramin Dak Sebak Mail Carrier due to non-availability of vacancies.

(2.) The brief facts of the case is that the applicant/petitioner while working as Gramin Dak Sebak Mail Carrier, Jaraka Sub-Post Office had appeared in the examination for promotion to the cadre of Postman/Mail Guard in response to Notification dated 1.2.2001 which was issued by the Superintendent of Post Officers, Cuttack North Division, Cuttack. The case of the petitioner is that he belongs to OBC category, the authorities had notified four vacancies, the results of the examination were published on 28.09.2001 declaring two OC categories candidates as successful under outsider merit quota, but no result was announced in respect of rest two vacancies coming within the categories of ST and OBC which were also declared to be vacant as per notification under Annexe-2. Thereupon the applicant made a representation to the authorities to declare the result against the OBC vacancy but however to no effect. The applicant has further submitted that in the said examination he had secured 108 marks out of the total 150 and thus he has secured higher marks than the General candidates. In the circumstances, he was entitled to be considered for appointment on merit basis and that the authorities should have selected him and included his name in the order under Annexure-4 dated 12.10.2001. He has assailed the inaction on the part of the authorities in declaring the result is an act of baseness with an ulterior motive.

(3.) Per contra the plea of the Department is that initially the authorities had notified four vacancies i.e., for Departmental quota two vacancies (one OC and one ST) and for outsider quota two vacancies (one OC and one OBC). It has been contended that before holding examination and after receiving the instruction from the authorities vide letter dated 16.3.2001, the vacancy position for the said examination was revised and reduced to three by excluding 1 OBC vacancy falling under the category of outsider quota. The examination was held on 25.3.2001 as such it has been submitted that as per the revised vacancy position, there was no vacancy for outsider quota coming under the category of OBC. The only vacancy in respect of OC category under outsider quota category is under the outsider quota, the authorities has submitted that as per the departmental rules, the post that was to be filled up by outsider quota falling under the seniority quota for which a Departmental Promotion Committee was held on 10.09.2001 wherein one Shri Radhashyam Mallik, belonging to SC community was selected.