UNION OF INDIA THROUGH SECRETARY, MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY Vs. MAHENDRA BHARTI

JUDGEMENT

(1.) The present Writ Petition is preferred against the impugned order dated 03.01.2018 passed by Central Administrative Tribunal, Jodhpur Bench, Jodhpur vide which the Original Application(OA) No.265/Jodhpur/2013 filed by respondent-applicant Mahendra Bharti was allowed with a direction to the petitioner - Union of India to appoint respondent - applicant on the post of Gramin Dak Sewak Branch Post Master, Ajasar (GDSBPM) pursuant to a Notification issued on 27.04.2011.

(2.) The petitioner issued Notification dated 27.04.2011 for calling applications to fulfill the post of Gram Dak Sewak, BPM, Ajasar. A Select Panel was prepared and the respondent-applicant was placed at S.No.4. On 03.05.2011, first candidate Kanhaiyalal Suthar was offered appointment. However, he resigned on 30.09.2011. Accordingly, the said post was offered to the next selected candidate Shri Babu Singh on 10.10.2011. Since, he failed to provide a building for the Branch Post Office, Ajasar, his offer for appointment was cancelled. Thereafter, Shri Kunan Gar, who was placed at S.No.3 in the panel was offered appointment on 18.11.2011. Although, he joined on 28.01.2013, his services were terminated on 31.05.2013 after inquiry in pursuance to certain complaints received against him. Respondent-applicant as stated above was at S.No.4.

(3.) As per the order dated 25.06.2010 issued by Government of India, Ministry of Communication & IT, Department of Posts, the Select Panel was valid only for a period of one year from the date of finalisation of recruitment process. Hence, the petitioner issued a fresh Notification for GDS BPM, Ajasar on 11.06.2013 while earmarking the said post for Scheduled Caste.