LAWS(PAT)-2010-4-449

UNION OF INDIA Vs. RAJIV RANJAN

Decided On April 23, 2010
UNION OF INDIA THROUGH THE SECRETARY-CUM-D.G.DEPARTMENT OF POSTS Appellant
V/S
RAJIV RANJAN Respondents

JUDGEMENT

(1.) The present writ petition is directed against the judgment and order dated 14.12.2005, passed by the Central Administrative Tribunal, Patna Bench, (in short `Tribunal') in R.A. No. 84 of 2005, arising out of O.A. No. 949 of 2002. The petitioners have also called in question the order dated 21.04.2005, passed by the learned Tribunal in O.A. No. 949 of 2002.

(2.) Respondent approached the Tribunal seeking a direction that he may be permitted to appear at the selection process even though he had applied directly to the authorities in response to the advertisement wherein it was provided that the applications have to be routed through the Employment Exchange. It may be noted that another applicant, namely, Manish Kumar has also preferred application bearing O.A. No. 948 of 2002, for similar/identical reliefs. The learned Tribunal by a common order dated 21.04.2005, disposed of both the original applications, and directed the authorities to put the O.A. applicants through the process of selection as required and accommodate them on the post of Postal Assistants/Sorting Assistant. The writ petitioners thereafter filed review application in both the matters which was/were considered and disposed of by separate orders. So far as the present case is concerned, the review application was rejected by a proceeding dated 14.12.2005. It may be noted here that the review application filed in O.A. No. 948 of 2002, was also dismissed by order dated 15th December 2005. It appears that the authorities preferred a writ petition bearing C.W.J.C.No. 14500 of 2006 (The Union of India & Ors. vs. Sri Manish Kumar & Anr.), which was considered and disposed of by order dated 11.11.2008. Learned counsel for the petitioners has produced a copy of the said order which is placed on record marked `Y'.

(3.) Learned counsel for the petitioners contended that the present case is squarely covered by the judgment dated 11.11.2008 passed by this Court in C.W.J.C. No. 14500 of 2006.