TUNTUN DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner seeks to challenge an order, dated 3.6.2005 passed by the Central Administrative Tribunal, Patna Bench, in Original Application No. 504 of 1999. By the order coming under challenge the Tribunal allowed the application filed by one Rajiv Ranjan Singh (respondent No. 5), set aside the petitioner's appointment as Extra Departmental Branch Post Master and directed the postal authorities (respondents before the Tribunal) to appoint respondent No. 5 (applicant before the Tribunal) in place of the petitioner.

(2.) FOR filling up the post of E.D.B.P.M., Kathavasi E.D. Branch office, district Saharsa, the Postal Superintendent, Saharsa Division asked the District Employment Exchange to send the names of suitable candidates vide his letter No. A29 dated 22.7.1998. In terms of the letter the candidates' names were required to be sent to the postal authority by registered post within thirty days from the date of the letter. The Employment Exchange duly sent a list of candidates that included the petitioner and respondent No. 5. The postal authorities selected the petitioner and issued the order of his appointment on 25.6.99. Respondent No. 5 challenged /appointment of the petitioner before the Tribunal. It was contended on his behalf that in the matriculation examination he had secured 554 out of 900 marks while the petitioner (the selected candidate) had obtained only 545 marks out of 900. The postal authorities were, therefore, in error in selecting and appointing the petitioner in preference to him.

(3.) MR. K.N. Chaubey, Senior Advocate appearing for the petitioner strongly assailed the Tribunal's order. He submitted that Clause 3 of the letter calling for the candidates names from the Employment Exchange expressely stipulated that the candidate should have an independent source of livelihood and must have some land in his personal name, the mutation of which must be completed before the last date of submission of application forms. At the same time he must also submit up-to-date rent receipts for the land.