SOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present matters have a long and checkered history. For the purposes of adjudication of the present dispute, a brief detail of the history is essential.

(2.) Vide order dtd. 13/6/2002, the process for filling up the post of Gramin Dak Sevak Branch Post Master (GDSBPM), Chandrakh was initiated by the respondent Department. The applicant being eligible applied in pursuance to the said notice and was selected. Vide order dtd. 18/2/2003, he was offered appointment on provisional basis. It is relevant to mention here that the appointment of the petitioner was in lieu of one Panna Lal, who was regularly appointed on the post. Some disciplinary proceedings were initiated against the said Panna Lal and his services were put-off. Therefore, the appointment of the petitioner was with the condition that he would continue on the post till the disciplinary proceedings are finally disposed of against Panna Lal and he has exhausted all channels of departmental and judicial appeals and petition etc.

(3.) While the petitioner was continuing in service on provisional basis, the notification dtd. 24/6/2004 was issued vide which the applications were again invited for the post which the petitioner was holding. The petitioner preferred the OA No.172/2004 before the Central Administrative Tribunal (hereinafter referred to as the "Tribunal") for challenging the said notification. The OA of the petitioner was allowed vide order dtd. 8/5/2007 wherein it was held as under : -