RAMESH CHANDRA SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has knocked the doors of Patna High Court for setting aside the order dtd. 23/10/2019 (Annexure-P1) passed in O.A. No. 050/00066/16 with M.A. No. 050/00036/16 by the Central Administrative Tribunal, Patna Bench Patna (henceforth the short 'the Tribunal') by which the O.A. preferred by him was dismissed.

(2.) The matrix of facts leading to the present writ petition is/are as follows :-

(3.) The post of 'EBPDM', Rupauli EBDC under Muzaffarpur Division had fallen vacant due to promotion of Sri Suresh Chandra Sinha. The vacancy of the said post was notified to Employment Exchange, Muzaffarpur giving the preference to the ST candidate vide Letter No. A-555/Rupalli dated 22/30/9/96 by the Sr. Superintendent of Police, Muzaffarpur. The Employment Exchange, Muzaffarpur sponsored six nominations along with their application and documents vide Letter No. Patrank/O.C./36/96-960 dtd. 30/10/1996 with breakup of one OBC, one SC and four ST candidates. On the basis of caste certificate of ST issued by the BDO, Saraiya, Muzaffarpur, one Shri Ramesh Chandra Sinha (the petitioner herein) was appointed as 'EBPDM', Rupauli Memo No. A-555/Rupauli/96 dtd. 26/2/1997 vide Senior Superintendent of Post Office, in preferential category although he was less in merit. Comparative merit charge of all six candidate shows the factual position. <IMG>JUDGEMENT_112_LAWS(PAT)7_2022_1.jpg</IMG>