IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 32475 of 2005(S) -------------------------- OA.243/2003 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ M.BAIJU, S/O.MATHEW J., AGED 35 YEARS, GRAMIN DAK SEVAK STAMP VENDOR, CONTONEMENT P.O., KOLLAM, RESIDING AT JERAVAS VILLA, VADAKKUMBHAGAM, ERAVIPURAM, KOLLAM. BY ADV. SRI.M.R.HARIRAJ SMT.REKHA VASUDEVAN SRI.SURAJ.S SRI.P.A.KUMARAN SMT.VINEETHA B. SRI.JAMES ABRAHAM (VILAYAKATTU) SRI.P.ABANI RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF COMMUNICATIONS, DEPARTMENT OF POSTS, NEW DELHI. 2. CHIEF POST MASTER GENERAL, KERALA POSTAL CIRCLE, TRIVANDRUM. 3. SUPERINTENDENT OF POST OFFICES, KOLLAM DIVISION, KOLLAM. 4. ASSISTANT SUPERINTENDENT OF POST OFFICE, KOLLAM SOUTH SUB DIVISION, CONTONMENT P.O., KOLLAM. BY SRI.P.PARAMESWARAN NAIR, ASST.SG. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF NOTIFICATION DT.26.3.2001 ISSUED BY R4. P2: TRUE COPY OF LETTER DT.14.9.95 ISSUED BY MADRAS REGIMENT. P3: TRUE COPY OF DG, P&T LETTER DT.7.1.1972 ISSUED FOR R1 AS PUBLISHED IN BOOK "HARI OM LAW" RELATING TO GRAMIN DAK SEVAK. P4: TRUE COPY OF ORDER DT.18.6.2001 ISSUED BY R4. P5: TRUE COPY OF ORDER DT.7.3.2003 ISSUED BY R4. P6: TRUE COPY OF REPRESENTATION DT.15.3.2003 SUBMITTED BY PETITIONER TO R4. P7: TRUE COPY OF ORIGINAL APPLICATION FILED BEFORE R5 WITHOUT ANNEXURES (OA 243/2003). P8: TRUE COPY OF ORDER DT.25.3.2003 IN O.A. 243/2003 OF R5. P9: TRUE COPY OF REPLY STATEMENT FILED BY RESPONDENTS 1 TO 4 BEFORE R5 WITHOUT ANNEXURES. P10: TRUE COPY OF LETTER DT.13.11.1997 ISSUED FOR R1. P11: TRUE COPY OF JUDGMENT REPORTED IN 2002(3) ATJ 104. P12: TRUE COPY OF FINAL ORDER DT.10.11.2005 IN O.A. 243/2003 OF R5. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... W.P.(C) No.32475 of 2005 .................................................................... Dated this the 31st day of March, 2008. JUDGMENT C.N.Ramachandran Nair, J. The petitioner is challenging Ext.P12 order of the Tribunal whereunder Tribunal has upheld the order issued by the Superintendent of Post Office, Kollam to the Assistant Superintendent of Post Office, Kollam South Division to correct the mistake in the appointment given to the petitioner to the post of Gramin Dak Sevak (GDS Stamp Vendor). Admittedly petitioner underwent a selection process along with others for selection of GDS Stamp Vendor on a provisional basis i.e until regular hands join service. Even though in the select list prepared from among candidates called for the interview petitioner did not stand high, petitioner was given the post on the basis that disabled ex-servicemen enjoy preference. The Superintendent of Post Office noticed that there was no quota reserved for ex-servicemen and no preference was provided for disabled persons, whether ex-service or otherwise. In other words, the selection was absolutely open and based on merit. Admittedly petitioner was not in the top of the list and therefore, petitioner's appointment was 2 found to be irregular by the Superintendent of Post Office. All what he has done is to direct the Assistant Superintendent of Post Office to cancel the provisional appointment made in favour of the petitioner and to select suitable candidate out of the panel of candidates interviewed and list prepared by the selection committee. Counsel for the petitioner submitted that order is without notice to the petitioner. We do not find any infirmity with the order of the Superintendent of Post Office because all what he has done is to direct selection of person based on the list prepared in the selection process i.e. the interview, in terms of the order of CAT. The order is not against the petitioner in as much as if the petitioner was high above others, petitioner would have got the post. Therefore, we do not find any ground to interfere with the order of the Tribunal in confirming the order of the Superintendent of Post Office, Kollam asking to correct the mistake. Even though counsel for the petitioner contended that Government Orders are to the effect that physically handicapped ex-servicemen should be given preference, petitioner has not challenged the notification calling for selection which does not provide for any reservation or preference to ex- servicemen or handicapped ex-servicemen. When petitioner participated in the open selection process where merit is the only consideration, petitioner has to necessarily take the consequence in as much as if he does not stand 3 top in the ranked list, he will not get the job. We, therefore, find no ground to interfere with the order of the Tribunal. We, therefore, dismiss the W.P. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms