THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE KG SHANKAR WRIT PETITION No.24219 of 2009 ORDER:: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed against the order dated 20-8-2009 passed in OA No.159 of 2008 by the Central Administrative Tribunal, Hyderabad. The applicant before the Tribunal is the writ petitioner herein. He filed the said OA aggrieved by the rejection of his representation dated 15-5-2007 by the impugned proceedings. 2. The case of the applicant-petitioner herein in brief is that he was appointed as Token Porter in Railways in the year 1996 and eventually promoted as Driver Gr.-III. It is stated that a notification was issued on 14-2- 2003 by the Divisional Personnel Officer proposing to fill up two posts of Tower Wagon Driver Gr.II. The notification, among other things, stipulated that persons working in Gr.III cadre and who got minimum of two years of service in the said category and possess valid heavy duty driving licence are eligible to apply. It was further stated in the notification that appointment to Gr.II posts would be subject to qualifying in the prescribed trade test. The grievance of the petitioner is that the said notification was not circulated to the Accounts Department, where he was working on deputation basis and, therefore, he lost the opportunity to compete for the said post, when he was otherwise eligible to apply for the said post. The petitioner states that because of non-circulation of the notification in the department, in which he was working, he could not apply for the said post. He further stated that his junior applied for the said post and he was appointed to the post of Gr.II. 3. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Perused the impugned order passed by the Tribunal. 4. The main grievance of the petitioner is due to non-circulation of the notification to the department in which he was working, he could not apply for the said post. No rule or provision is brought to the notice that the concerned department, which issued the notification is required to communicate to all individuals who are eligible and qualified to apply for the said posts. The records produced by the respondents indicate that the notification was forwarded to all the departments for information and necessary action and it must be deemed that it was duly published in all the notice boards of all the departments. Though no record was produced in proof of acknowledgment that the notification was circulated to the concerned dearptment, where the petitioner was working, in the absence of any malafides attributed, it is to be deemed that the notification was circulated to the concerned dearptment where the petitoner was working. The contention of the learned counsel for the petitioner that there was no acknowledgment to the effect that the notification was circulated to the concerned department and, therefore, the petitioner was deprived the opportunity cannot be countenanced for there is no mandatory rule providing that the notification has been handed over to the concerned departments under acknowledgment. Even on the count of principles of natural justice, no mala- fides are attributed to the department which issued the notification and it is not the case of the petitioner that he has been singled out so as not be appointed to the post of Gr.II. In the circumstances, we do not find any reasons to interfere with the impugned order warranting interference by this Court. The writ petition fails and it is accordingly dismissed. No order as to costs. ___________________________ GHULAM MOHAMMED, J _____________________ KG SHANKAR,J Dated 11-4-2011 Nrg