IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13910 of 2008 ---------- 1. Union Of India through the Secretary cum Director General, Department of Posts, Dak Bhawan, New Delhi 2. The Chief Postmaster General, Bihar Circle, Patna 3. The Superintendent of Post Offices, Nalanda Division, Biharsharif ………Respondents/Petitioners Versus Sunil Kumar, son of Late Chandra Prakash Prasad, resident of 2/28, Postal Park Masood Bigha, P.S. Barh, district Patna …….Applicant/Respondent ----------- For the Petitioners : Mr. Sanjay Kumar, CGC For the Respondents : None ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 18th November, 2008. The counsel for the petitioners submits and, in our view, fairly, that the controversy raised in the writ petition is concluded by the order dated 21st January, 2008 passed in the case of Union of India and ors. Vs. Shree Bhagwan Singh (C.W.J.C. No. 14198 of 2007). 2. The Division Bench of this court dismissed the afore- referred writ petition by consideration of the matter thus: “The petitioners challenge the order of the Central Administrative Tribunal, Patna Bench, Patna, dated 27th January, 2006 passed in O.A. No.1030 of 2003. - 2 - This petition has been filed, in the circumstances, that father of the respondent died while in service of the petitioners on 14.11.1995. On application having been made for considering the respondent for appointment on compassionate ground in the aforesaid circumstances. The Circle Relaxation Committee approved his case for appointment in Postman Cadre on 13.11.2001. However, he could not be appointed in the cadre of Postman for a considerable period because of the non-availability of vacancy within 5% ceiling available for compassionate appointment against direct recruitment quota. Ultimately, as per the Circular of the Personnel Department dated 08th January, 2001 the provision for waitlist was discontinued and the Department was directed to offer appointment on compassionate grounds to willing candidates on G.D.S. post if they were otherwise found eligible. Consequence thereof the respondent was offered appointment in G.D.S. on 13.11.2001. Aggrieved with the removal from the panel of approved candidature of appointment in the Postman Cadre the respondent preferred an Original Application (O.A. no. 1030 of 2003) before the Tribunal in which the following directions were made vide impugned order: “ In the result, I am of the opinion that the applicants are not entitled to the relief as prayed. However, I direct the respondent to again consider to make an offer of appointment to the applicants as GDS or any suitable post befitting their qualification and experience whenever vacancies arise and would allow them to join, if they agree to, subject to extant rules”. Thus, the Tribunal has made a directive to the petitioners to make their effort to make good their offer of appointment to the applicants again on GDS or any suitable post befitting their qualification and experience. We see no reason to interfere in the order which has been passed in accordance with the circumstances brought about by the petitioners themselves and in terms of their own offer.” - 3 - 3. For the self same reasons, the writ petition is liable to be dismissed and is dismissed. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/