Kamlesh Kumar Singh vs The Union Of India
2023 Latest Caselaw 5604 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.23624 of 2019
     ======================================================

Kamlesh Kumar Singh, Son of Sri Rajendra Prasad Singh, Resident of Village-Jagdishpur, District-West Champaran at Bettiah (Bihar).

... ... Petitioner/s Versus

1. The Union of India through the Secretary, Ministry of Communication and Information Technology-cum-Director General Post, Dak Bhawan, New Delhi-110001.

2. The Chief Postmaster General, Bihar, Patna, Pin Code-800001 (Bihar).

3. The Postmaster General, North Region, Muzaffarpur, Pin Code-842001 (Bihar).

4. The Director Postal Services, Muzaffarpur, Pin Code-842001 (Bihar).

5. The Superintendent Posts, West Champaran Division, Bettiah, Pin Code-

845438 (Bihar).

6. The Inspector of Post Offices, East Sub Division, Bettiah, Pin Code-845438 (Bihar).

7. Sri Prem Chandra Yadav, Son of Sri Rudal Yadav, Resident of Village-

Rampurwa, P.O.-Mahnwa, Via-Majhaulia, District-Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Munna Pd Dixit, Advocate Mr.S.K.Dixit, Advocate Mr.S.K.Choubey, Advocate Mrs.Swastika, Advocate For Respondent No.7 : Mr.Rabindra Nath Tiwari, Advocate For Union of India : Mrs.Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 09-11-2023 Petitioner and Respondent No. 7 and others were

participated in the process of selection and appointment to the post

of GDS MD/MC, Majhari Kishun, Branch Office account with

Jagdishpur Sub-Post Office, West Champaran Division, Bettiah.

2. One Sri Dhananjay Kumar was selected and

appointed on 01.05.2015. He had reported for duty on 05.05.2015, Patna High Court CWJC No.23624 of 2019 dt.09-11-2023

within a week he has resigned to the post on 11.05.2015 resulted in

filling up of the aforementioned post while appointing Respondent

No. 7 - Sri Prem Chandra Yadav under OBC category.

3. Perusal of the comparative chart of candidates of

OBC category vide Annexure-A/2 to Original Application. OBC

vacanciess were required to be filled up with reference to second

point. The second point was allotted to Sri Dhananjay Kumar and

next third vacancy was allotted to Sri Prem Chandra Yadav. But

the petitioner - Kamlesh Kumar Singh's name is reflected in the

comparative chart at Serial No. 50 against column of remarks it

has been indicated No SLC and Mark-sheet attached.

4. In this backdrop, the petitioner has assailed the order

of appointment in favour of Respondent No. 7 dated 30.06.2015

before the Central Administrative Tribunal, Patna Bench, Patna in

O.A. No. 050/00241/2016. The Tribunal rejected the petitioner's

petition. Hence, the present petition.

5. Learned counsel for the petitioner submitted that once

the post is filled up and post was vacant on account of resignation

in such an event official respondents were not required to operate

comparative merit list while appointing next merited candidate. In

order to ascertain what is the criteria for filling up of vacant post Patna High Court CWJC No.23624 of 2019 dt.09-11-2023

on resignation of the selected and appointed candidate. On this

issue on 21.08.2023, the following order was passed:-

"Learned counsel for respondent No. 7 has filed counter affidavit, the same is taken on record.

2. Learned counsel for respondents are hereby directed to produce copy of letters No. STA/22-12/BG-West/III dated 12.03.2013 and 26.06.2013 and Directorate letter No. even dated 25.06.2010 so as to verify as to whether circumstances of the present case would fit into policy decision of the respondents or not?

3. Re-list this matter on 18.09.2023."

6. Thereafter, matter was adjourned from time to time,

even to this day respondents have failed to produce. Later on

Directorate Letter No. even dated 25.06.2010 was placed on

record. However, the aforementioned document is not relevant for

the purpose of examining the present case. The relevant documents

are of the year 2013, having regard to the fact that process of

recruitment has commenced in the year 2014. Thereafter, as on

2014 whatever the instructions for the purpose of filling up of

vacancies were required to be taken note of. However, Letter No.

STA/22-12/BG-West/III dated 12.03.2013 and 26.06.2013 has not

been placed on record. Be that as it may, the petitioner has not

questioned the validity of select list. Further, it is evident from the

assessment - comparative chart of OBC for the purpose of Patna High Court CWJC No.23624 of 2019 dt.09-11-2023

appointment to the post of GDS/MD/MC Majhari Kishun B.O.

account with Jagdishpur SO. It is evident that against the petitioner

name at Serial No. 50 in the remarks column it is stated that No

SLC and Mark-sheet attached. In other words, petitioner was not

eligible to be considered for appointment. Consequently, he has no

locus so also there cannot be Public Interest Litigation on behalf of

the petitioner that too in a service matter and before the Central

Administrative Tribunal.

7. Further, it is to be noted that the post of GDS is not

regular cadre in the postal department. Such cadre has been

created only to facilitate the concerned villagers to have the benefit

of postal service. Respondent No. 7 - Sri Prem Chandra Yadav is

already working from 30.06.2015 and we are in the year 2023.

Further, there is no interim order before the Central Administrative

Tribunal or before this Court. Therefore, it is not appropriate to

displace him or disturb at this distance of time.

8. Accordingly, the present writ petition stands

dismissed.

9. At this stage, learned counsel for the petitioner intends

to apprise this Court by later judicial pronouncement in respect of

filled vacancy read with resignation by appointment in such

circumstances vacancy is required to be re-notified. The aforesaid Patna High Court CWJC No.23624 of 2019 dt.09-11-2023

principal would be depending upon the relevant provisions of law

or post governed in respect of particular department. Further, in

the present case despite our asking the postal authorities have

failed to produce the cited letters. Therefore, the aforementioned

principle laid down by the Apex Court cannot be straight away

apply. In view of the Apex Court decision in the case of Nair

Service Society Vs. Dr. T. Beermasthan & Ors. reported in (2009)

5 SCC 545 at Para 48 it is held as under:

"48. Several decisions have been cited before us by the respondents, but it is well established that judgments in service jurisprudence should be understood with reference to the particular service rules in the State governing that field. Reservation provisions are enabling provisions, and different State Governments can have different methods of reservation. There is no challenge to the Rules, and what is challenged is in the matter of application alone. In our opinion the communal rotation has to be applied taking 20 vacancies as a block."

(P. B. Bajanthri, J)

( Ramesh Chand Malviya, J) abhishekkr/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.11.2023
Transmission Date       NA