UNION OF INDIA Vs. RAJBIR SINGH

JUDGEMENT

(1.) The dispute pertains to the appointment of an Extra Departmental Branch Postmaster (EDBPM), Bugana EDBO. One Rajbir Singh sought quashing of the appointment of Suresh Kumar on the ground that he fulfills all eligibility conditions and is lawfully entitled for selection/appointment to the post by the competent authority. On the post of EDBPM falling vacant for the Branch office at Bugana, applications were invited from eligible Scheduled Castes candidates on 16.03.2000. Six applications were received out of which four were found to be in order. Rajbir Singh claimed to have been placed at the first merit position. He submitted that he fulfills the following qualifications:

(2.) Rajbir Singh claimed that as a precaution he got certain landed property transferred from his father to himself even though he had already coparcenary right in the land. Despite this, Suresh Kumar was selected.

(3.) The Central Administrative Tribunal, Chandigarh Bench found that the appointment of Suresh Kumar ignoring merit of Rajbir Singh was illegal and set aside the selection of Suresh Kumar but simultaneously directed that Rajbir Singh who was more meritorious be appointed to the said post. The crucial question examined in the O.A. was whether the requirement of holding landed property was a legal pre-requisite or not and the finding was that it was not so.