Patna High Court
Sandeep Kumar Roy @ Sandeep Kumar ... vs Union Of India on 19 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.722 of 2022
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Sandeep Kumar Roy @ Sandeep Kumar Rai, S/o Sri Anil Kumar Roy @ Anil
Kumar Rai R/o Village- Chitrawalia, P.S.- Ekma, District- Saran.
... ... Petitioner/s
Versus
1. Union of India through the Director General, Department of Posts, Sansad
Marg, New Delhi- 110001.
2. The Chief Post Master General, Bihar Circle, Meghdoot Bhawan, G.P.O.
Patna.
3. The Post Master General, Northern Division, Muzaffarpur.
4. The Senior Superintendent of Post Offices-cum- Appointing Authority,
GDSBPM, Saran Division, Bihar at Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajendra Narayan, Sr. Advocate
Mr. Anant Kumar Bhaskar, Advocate
Mr. Sanjay Kumar Jha, Advocate
Mr. Dr. Rajesh Kumar Singh, Advocate
Mr. Umesh Kumar Roy, Advocate
Mr. Anju Narain, Advocate
For the Respondent/s : Dr. K.N. Singh, ASG
Mr. Ravindra Kumar Sharma, CGC
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 19-12-2022
In the instant petition, petitioner has assailed the
order of the Central Administrative Tribunal passed in O.A. No.
258 of 2017 dated 06.10.2021 (for short CAT). The respondent
postal Department invited application from the eligible
Patna High Court CWJC No.722 of 2022 dt.19-12-2022
candidates for the post of GDSBPM, Chhitrawalia branch office
in account with Ekma MDG, Saran vide Advertisement dated
16.01.2015. The petitioner was candidate among others.
2. On 28.05.2015, advertisement dated 16.01.2015
was stalled in view of certain internal communication among
the officials of the postal Department. Thereafter, on
04.08.2015, advertisement dated 16.01.2015 was cancelled.
When things stood thus, Government of India issued a
communication to all heads of the postal circle relating to
selection process for engagement to all approved categories of
GDS post review thereof. The official respondents have failed to
complete the process of selection pursuant to the advertisement
dated 16.01.2015 read with 16.09.2015 Government of India,
Ministry of Communication and IT Department of Post
Establishment Division (GDS) Section, New Delhi, hence
petitioner invoked remedy under Section 19 of the
Administrative Tribunal Act, 1985 in filing the Original
Application No. 258 of 2017 and it was dismissed on
06.10.2021. Hence, the present writ petition.
3. Learned counsel for the petitioner, vehemently,
submitted that the Tribunal has not appreciated spirit of
government communication dated 16.09.2015 and committed
Patna High Court CWJC No.722 of 2022 dt.19-12-2022
factual error as if 16.01.2015 advertisement is concluded
process of selection. On the other hand process of selection
pursuant to the advertisement dated 16.01.2015 was yet to be
completed. Therefore, in the light of Government of India
direction in 16.09.2015, the advertisement dated 16.01.2015 is
required to revisited and complete the process of selection.
4. Per contra, learned counsel for the respondent
resisted the aforesaid contentions and submitted that as long as
04.08.2015 Notification/Communication is not challenged by
the petitioner and it is in respect of the cancellation of
advertisement dated 16.01.2016, he/she is not entitled to have
the benefit of relief of completion of process of selection
pursuant to the advertisement dated 16.01.2015.
5. Heard learned counsels for the respective parties.
6. Official respondents issued advertisement on
16.01.2015 inviting application for the post of GDSBPM,
Chhitrawalia branch office in account with Ekma MDG, Saran.
The petitioner is one of the candidates for recruitment among
others. Due to internal communication among official
respondents, process of selection to the aforesaid post notified
on 16.01.2015 sought to be cancelled on 04.08.2015. Thereafter,
the Ministry issued a general directions to all heads of the
Patna High Court CWJC No.722 of 2022 dt.19-12-2022
Department to revive the process of selection of GDSBPM &
complete.
7. The Tribunal in para 11, it is held as under:-
"From bare reading of above said
Paragraph 3 it is obvious that it consists of
two limbs, the first limb pertains to
notification issued adopting the new
method of selection made effective from
01.04.2015. The present one is not the case
wherein notification has been issued
adopting the new method of selection. The
second limb relates to cases where
vacancies have been notified on or before
31.03.2015 and quo said cases the action
has to be taken by the respective
recruiting authorities to complete the
process already undertaken. The present
one though is the case wherein vacancies
have been notified before 31.03.2015 but
its process had already completed before
issuance of letter dated 16.09.2015 and
completion was over when notification of
cancellation, dated 04.08.2015 was
issued".
8. There are factual error to the extent that the
process of selection pursuant to the advertisement 16.01.2015 is
completed is contrary to factual aspect as is evident from the
Patna High Court CWJC No.722 of 2022 dt.19-12-2022
material information. It is not actually completed on the other
hand it has been cancelled. Insofar cancellation of advertisement
how it is required to be revived is made known by the Ministry
in their communication dated 16.09.2015.
9. Learned counsel for the respondent contended
that there is no challenge to the 04.08.2015 decision. It is to be
noted that the same has been nullified by the Ministry on
16.09.2015, therefore, the petitioner need not question the
communication dated 04.08.2015.
10. In the light of these facts and circumstances the
CAT has committed error in not entertaining the relief sought by
the petitioner. Accordingly, order of the CAT passed in O.A No.
258 of 2017 dated 06.10.2021 stands set aside while allowing
the original application filed by the petitioner.
11. The concerned authority is hereby directed to
undertake process of selection pursuant to 16.01.2015 in the
light of Ministry order dated 16.09.2015 and complete the
process within a period of three months from the date of receipt
of this order. In the event of petitioner being more merited
person among others, necessary order of appointment shall be
issued subject to verification of records and other eligibility
criteria, if any.
Patna High Court CWJC No.722 of 2022 dt.19-12-2022
Accordingly, writ petition stands allowed.
(P. B. Bajanthri, J)
( Purnendu Singh, J)
manish/niraj
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.12.2022
Transmission Date
