IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 14901 of 1999 Between: R.Varahalu, S/o. Tata abbai, Makavarapalem, Racjhapalli, Visakhapatnam District. ..... PETITIONER AND 1 The Superintendent of Post Offices,Anakapalli Division, Anankapalli, Visakhapatnam District. 2 The Post Master General , Visakhapatnam. 3 P.Nageswara Rao, S/o. Venkatabbai, Rachapalli (V), Makavarampalem(M), Visakahapatnam District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari calling for records in O.A.No.610/99 on the file of the Central Administrative Tribunal, wherein order of appointment of the petitioner as Extra Departmental Post Master, Rachapalli, was set-aside by directing the 1st respondent to conduct re-selection for the said post is illegal, arbitrary , erroneous and vitiated the error appeared on the face of records and pass such other or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.Y.V.RAVI PRASAD Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 14901 of 1999 ORDER: (Per Ghulam Mohammed, J) This writ petition is filed seeking to quash the order dated 16.6.1999 passed by the Central Administrative Tribunal, Hyderabad, in O.A.No.610 of 1999 wherein the appointment of the petitioner as Extra Departmental Post Master, Rachapalli, was set-aside directing the first respondent to conduct re- selection for the said post. 2. The brief facts of the case are that the first respondent issued notification dated 30.09.1998 inviting applications from the eligible candidates to the post of Extra Departmental Branch Post Master, Rachapalli, Visakhapatnam District. In response to the notification, the petitioner applied for the said post and was appointed on 22.2.1999. Aggrieved by the same, respondent No.3 herein filed O.A.No.610 of 1999 before the Tribunal contending that he is more meritorious than the petitioner and the same was disposed of by the Tribunal directing the appointing authority to consider all the candidates who responded to the notification dated 30.9.1998 and make a suitable selection from among them considering the report of the ASPO and also the circular instructions issued by the DG P&T and CPMG . Challenging the same, this writ petition has been filed. 3. As per the notification dated 30.9.1998, the applicant should pass SSC/Matriculation or any equivalent examination and the candidate selected for the B.P.M. should set up the post office in his own house, if necessary the candidate should also set up public call office in his house. The candidate selected for the post of B.P.M. shall have his own residence in the village prior to appointment. 4. Learned counsel for the petitioner contended that the Tribunal has grossly erred in setting aside the selection of the petitioner for the post of Extra Departmental Post Master in Rachapalli Village, Makavarapalam Sub- Division, as he was selected and appointed by the first respondent after taking into consideration requisite qualifications as enunciated in the circular dated 30.09.1998. He further contended that the petitioner is continuing in service almost for the past 10 years on the said post and at this belated stage, the orders of the first respondent cannot be interfered with and therefore, the order dated 16.6.1999 passed by the Tribunal in O.A.No.610 of 1999 is liable to be set-aside. 5. This court while admitting the writ petition on 28.7.1999, granted interim suspension 6. Perused the record. Though respondent No.3 secured more marks than the petitioner in S.S.C, he has not fulfilled all the requirements to be appointed for the post of Extra Departmental Post Master as enunciated in notification dated 30.09.1998, whereas the petitioner has fulfilled all the requirements. Further, in view of the interim suspension granted by this court on 28.07.1999, the petitioner is continuing in service in the said post since 22.02.1999. The Tribunal has not gone into all the aspects with regard to selection of Extra Departmental Post Master and committed error in allowing the O.A. In the circumstances, we deem it appropriate to set-aside the order dated 16.6.1999 passed by the Tribunal in O.A.No.610 of 1999. 7. Hence, the writ petition is allowed and in the impugned order dated 16.6.1999 in O.A.No.610 of 1999 is set aside. No order as to costs. _____________________ GHULAM MOHAMMED,J ________________ SANJAY KUMAR,J 16-02-2009 Stp ..... 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