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Union of India & Another v/s Kamlesh Kumar & Another

    Civil Misc. Writ Petition No. 61171 of 2010

    Decided On, 24 February 2014

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE RAJESH KUMAR AGRAWAL & THE HONOURABLE MR. JUSTICE ASHWANI KUMAR MISHRA

    For the Appellants: Ajay Bhanot, Advocate. For the Respondents: Namwar Singh, O.P. Gupta, S.C., Sanjiv Singh, Advocates.



Judgment Text

Ashwani Kumar Mishra, J

1. The Union of India through Secretary, Department of Posts, Ministry of Communications, Government of India, New Delhi and Superintendent of Post Offices, West Division, Varanasi have invoked the extraordinary jurisdiction of this Court, under Article 226 of the Constitution of India, in challenging the judgment and order dated 3.6.2010 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 1393 of 2006 Kamlesh Kumar v. Union of India and others. The facts, in brief, are that an advertisement dated 7.3.2005 was published by the department, inviting applications from scheduled caste candidates, for appointment of Gramin Dak Sewak (Extra Departmental Delivery Agent). The qualification required as per advertisement was High School passed or equivalent examination, more than 18 years of age and possessing of other means to sustain the requirement of family. Following further requirement in the advertisement was mentioned.

2. The respondent No. 1-Kamlesh Kumar submitted his application pursuant to the aforesaid advertisement. The respondent No. 1 had obtained 72.33% marks in his High School Examination and, therefore, he stood at the top of the merit list. Smt. Shila Devi had obtained 65% marks in her High School Examination and she also applied. She stood IInd in order of merit. It appears that the department proceeded to entertain the claim of respondent No. 1-Kamlesh Kumar. While examining the condition of providing space/premises for post office, Sri Kamlesh Kumar appears to have submitted a certificate offering premises of Sri Shauqat Ali son of Rahimullah, wherein the post office could be set up. This was verified by the department and it was found that Sri Shauqat Ali has expressed his inability to provide space for post office to Sri Kamlesh Kumar. Consequently, a notice dated 30.12.2005 was issued to Sri Kamlesh Kumar intimating that Sri Shauqat Ali has refused to provide the space, for establishment of post office, as had been mentioned in the application of Sri Kamlesh Kumar and, therefore, an opportunity was afforded to hi

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