KUMARI REKHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE controversy in the case relates to appointment as Extra Departmental Branch Postmaster for Murgawan Extra Department Branch Office.

(2.) INITIALLY , the postal department made a requisition to the employment exchange asking for suitable names for appointment to the aforesaid post and indicating that preference would be given to candidates belonging to Scheduled Castes/Scheduled Tribes and other backward castes. In response to the requisition the employment exchange sponsored a few names, which did not include the name of the present petitioner. The candidates whose names were sponsored by the employment exchange were asked to submit the necessary documents so as to be called for interview. The necessary documents and certificates from three candidates were received in time. All of them belonged to the unreserved category. It further transpired that though some candidates belonging to the preferential categories had sent their certificates and documents through post, those could not be received in time due to a postal strike taking place at that time.

(3.) AT that stage two candidates whose names were earlier sponsored by the employment exchange went to the Central Administrative Tribunal in O.A. nos. 505 and 558 of 1998 challenging the action of the postal authorities in issuing a fresh advertisement and questioning their decision not to proceed further on the basis of the earlier requisition made to the employment exchange. While their applications were pending the departmental authorities proceeded on the basis of the public advertisement; they first selected the present petitioner for appointment and allowed her to join the post on 30 July 1998 but later terminated her service by order, dated 22.1.1999. This led the petitioner too to approach the Tribunal in O.A. no. 70 of 1999.