JANMEJAY KUMAR SON OF RAJESHWAR PRASAD Vs. UNION OF INDIA AND ORS ; POST MASTER GENERAL; SUPERINTENDENT OF POST OFFICES, SIWAN DIVISION AND RAKES KUMAR SON OF MANTUK NARAYAN YADAV

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has preferred this writ petition against the judgment and order dated 21.06.2007 passed by the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as 'the Tribunal') in O.A. No. 209 of 2001 whereby petitioner's appointment on the post of Extra Departmental Branch Postmaster (EDBPM for brevity) Bindusar in account with Gausala Road, Siwan stands quashed only on the basis of Full Bench decision of the Central Administrative Tribunal, Bangalore which held that the property qualification prescribed for appointment to the post of EDBPM was invalid. That decision of the Full Bench is dated 02.12.2002.

(3.) Learned Counsel for the petitioner has made a frontal assault upon the ground for cancelling his appointment on the basis of Division Bench Judgment of this Court in case of Anil Kumar @ Anil Kumar Mehta v. The Union of India and Ors.,2007 4 PLJR(SC) 349. A copy of that judgment has been annexed as annexure 6 to the present writ petition. In that judgment the Division Bench held that since the appointment in question had been made in the year 1999 whereas the order of the Full Bench came in the year 2002, therefore, only on the basis of later Full Bench Judgment of CAT, Bangalore the condition in the advertisement which was basis for selection and appointment could not be avoided. In this case also the appointment was made on 25.01.2001 i.e. before the Full Bench Judgment of CAT Bangalore. In this case also the advertisement contains condition of property qualification requirement.