Smt. Kiran Singh vs Union Of India & Ors

Pursuant to the demand, the District Employment Officer, Jaunpur, on 13.11.1995 despatched a list of ten candidates including the name of Smt. Neelam Pandey, respondent no. 5 herein, for consideration to the post in question. The Selection Committee did not consider the name of respondent No. 5. She approached the Central Administrative Tribunal (CAT), Allahabad Bench, Allahabad, by way of filing O.A. No. 1 of 1996. The CAT issued notice to the opposite parties on 02.01.1996 and by an interim order permitted the Superintendent of Post Offices to go on with the process of selection, but the result of selection was directed not to be declared until orders are passed by the Tribunal. The Superintendent of Post Offices, Jaunpur, respondent No. 4 herein, instead of resorting to select the candidates from the names sent by the District Employment Officer, advertised the post on 17.01.1996 by inviting applications from public in general. The appellant and respondent No. 5 both applied afresh for appointment pursuant to the advertisement besides five more eligible candidates. Thereafter, respondent No. 4 vide his letter dated 18.04.1996 requested the District Magistrate, Jaunpur, to get the inquiry conducted from the concerned officers of Tehsil, Shahaganj, relating to character, antecedents, status and sources of income of the appellant and respondent No. 5. The officer-in-charge for District Magistrate, Jaunpur, submitted his Report dated 04.06.1996 to respondent No. 4 with an endorsement in regard to the status and property income per month of the appellant as well as respondent No. 5. After judging the comparative merits including the essential eligibility criterion of possessing adequate means of livelihood from the income, the Competent Authority found the appellant to be more suitable candidate and, accordingly, selected her for appointment to the post. On receipt of the appointment letter, the appellant joined the post on 22.06.1996.

Respondent No.5 again approached the CAT by way of O.A. No. 1041 of 1996 assailing the appointment of the appellant on number of grounds. Respondent No. 5 on a misconception of the interim order dated 02.01.1996 earlier passed by the CAT in O.A. No. 1 of 1996 with regard to the selection of the appellant through the District Employment Office terminated her appointment/services on 08.10.1996. The appellant and the authorities filed separate counter affidavits in opposition to Application No. 1041 of 1996 filed before the CAT by respondent No. 5. They stated that the appointment of the appellant was duly made in accordance with the Service Rules and Circular dated 06.12.1993 issued by the Competent Authority. However, on 19.12.1996 the first Application being O.A. No. 1 of 1996, which was pending before the CAT, came to be dismissed as wholly infructuous and the interim order was also vacated.

In the meantime, some complaint was received in the Office of Post Master General, Allahabad, respondent No. 2 herein, and after inquiry, respondent No. 2 issued directions to respondent No. 4 to get the income certificate of respondent No. 5 verified from the Competent Revenue Authority. Accordingly, on 17.04.2000 respondent No.4 requested the District Magistrate, Jaunpur, to do the needful. The District Magistrate, Jaunpur, vide his letter dated 13.02.2001 submitted the Report to respondent No. 4 whereby the monthly income of respondent No. 5 was confirmed to be Rs. 1000/-.

The appellant continued on the post till O.A. No. 1041 of 1996 was decided by the CAT on 24.11.2003 and the appointment of the appellant made on 01.01.1997 to the post of EDBPM was quashed with a direction to the authorities to appoint respondent No. 5 on the post within a period of one month from the date of the receipt of the said order. Being aggrieved by the order of the CAT dated 24.11.2003, the Department and the appellant filed two separate writ petitions in the High Court of Judicature, Allahabad, at Allahabad. Writ Petition No. 9069 of 2003 filed by the Department was dismissed by the High Court on 03.03.2004 and Writ Petition No. 56142 of 2003 filed by the appellant was dismissed on 19.12.2003. Again, the Department and the appellant both filed Review/Recall Application before the High Court. From the records, it appears that the Review/Recall Application filed by the Department is still pending before the High Court, whereas the Review/Recall Application No. 9847 of 2004 filed by the appellant was rejected on 28.01.2005.

In that view of the matter, the impugned judgment and order of the High Court dated 19.12.2003 passed in CMWP No.56142 of 2003 and order dated 28.01.2005 recorded in CM Review/Recall Application No.9847 of 2004 are quashed and set aside. As a result thereof, the order dated 24.11.2003 of the CAT in OA No.1041 of 1996 by which the application of respondent No.5 has been allowed and appointment of the appellant has been set aside, shall also stand quashed and set aside.

In the result, this appeal is allowed accordingly. Parties shall bear their own costs.