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 THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 14657 of 2004(S) ------------------------------------- OA.499/2003 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------------- BAIJU.N.D., AGED 23 YEARS, S/O.NARAYANAN GDS MAIL DELIVERER, KALPATHUR BRANCH OFFICE, VADAKARA, RESIDING AT NANAMPOYILIL HOUSE, KALAPATHUR.P.O., VADAKARA. BY ADV. SRI.M.R.RAJENDRAN NAIR SRI.M.R.SUDHEENDRAN SRI.HARIRAJ SMT.REKHA VASUDEVAN SRI.SURAJ.S SMT.VINEETHA B. RESPONDENTS: ----------------------- 1. ASSISTANT SUPERINTENDENT OF POST OFFICES VATAKARA SOUTH SUB DIVISION, VATAKARA 673 101. 2. SUPERINTENDENT OF POST OFFICES, VADAKARA DIVISION, VADAKARA - 673 101. 3. DIRECTOR OF POSTAL SERVICES, OFFICE OF THE POST MASTER GENERAL, NORTHERN REGION, CALICUT. 4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS, NEW DELHI. 5. NARENDRAN.N., S/O.SRI.MADHAVAN NAIR, AGED 30 YEARS, PATTERIKANDY HOUSE, KALPATHOOR.P.O. MEPPAYUR IVA, CALICUT DISTRICT 673 524. BY ADV. SRI.JAYAPRADEEP. V., ADDL.CGSC SRI.S.KRISHNAMOORTHY, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14657/2004 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NOTIFICATION NO.DA/BO/14 DT 31.3.2003 ISSUED BY THE IST RESPONDENT. EXT.P2:- COPY OF THE FINAL ORDER DT. 25..304 IN OA. NO.499/03 ON THE FILES OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P3:- COPY OF THE PG POSTS NO.22-12/01 DT. 17.9.03. EXT.R1(A):- COPY OF THE APPLICATION FROM DT. 28.4.03. ANNEXURE R1:- COPY OF THE GRAMIN DAK SEVAKS (CONDUCT AND EMPLOYMENT ) RULES 2001 . ANNEXURE R2:- COPY OF THE APPLICATION SUBMITTED BY THE APPLICANT. ANNEXURE R3- :- COPY OF THE LETTER NO.17-104/91 ED & TRG DT. 18.9.95. ANNEXURE R4:- COPY OF THE RECORD OF VERIFICATION WITH CANDIDATE'S SIGNATURE. ANNEXURE A5:- COPY OF THE ORDER DT. 23.9.99 IN OA. NO.1514/97 OF THIS HONOURABLE TRIBUNAL. ANNEXURE A6:- COPY OF THE DUTY-CUM-SALARY CERTIFICATE DT. 15.9.03 ISSUED BY THE MG. PARTNER TRIO ELECTRONICS, CALICUT. EXT.A7:- COPY OF THE ORDER DT. 2.7.98 IN OA. 367/97 OF THIS HONOURABLE TRIBUNAL. /TRUE COPY/ P.S. TO JUDGE tss C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).NO.14657 OF 2004-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2008. JUDGMENT C.N. Ramachandran Nair, J. The petitioner is challenging the order of the Central Administrative Tribunal cancelling his appointment as illegal and directing appointment of the 5th respondent as Gramin Dak Sevak Mail Deliverer. The qualification for appointment is that the applicant should have independent income preferably from landed property. According to the petitioner, while the petitioner had income from landed property, the 5th respondent did not have. However, it is conceded that the 5th respondent has substantially high marks over the petitioner in the S.S.L.C. Examination, which was the criteria adopted for selection. More over, the 5th respondent has produced a certificate of employment stating source of independent income. Therefore, the Tribunal accepted the case of the 5th respondent and declared his eligibility over the petitioner. In view of the factual findings entered by the Tribunal on the 5th respondent's better eligibility for appointment, we find no ground to WPC 14657/2004 -2- interfere with the order of the Tribunal. The writ petition is accordingly dismissed. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ WPC 14657/2004 -3- C.N. Ramachandran Nair & & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - . No. - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 10th January, 2008.