Central Administrative Tribunal - Patna
Vinay Kumar vs Postal on 1 January, 2019
-1- OA/050/00207/2015
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
OA/050/00207/15
Reserved on: 12.12.2018
Pronounced on: 01.01.2019
CORAM
HON'BLE MR. JAYESH V. BHAIRAVIA, JUDICIAL MEMBER
HON'BLE MR. DINESH SHARMA, ADMINISTRATIVE MEMBER
Vinay Kumar, S/o Suresh Prasad Sharma, resident of Village- Dariapur, PO-
Dariapur, PS - Atari, District- Gaya.
...... Applicant.
- By Advocate: - Mr. S.K. Bariar
-Versus-
1. The Union of India through Director General, Department of Post, Dak
Bhawan, Sansad Marg, New Delhi.
2. The Chief Post Master General, Bihar Circle, GPO Complex, Patna.
3. The Director of Post, HQ, GPO Complex, Patna.
4. The Superintendent of Post Offices, Nawada Postal Division, Nawada.
5. The Sub Divisional Inspector (West), Hasua Sub Division, Nawada Postal
Division, Nawada.
...... Respondents.
- By Advocate: - Mr. H.P. Singh
ORDER
Per Dinesh Sharma, A.M.:- In this OA, the applicant has questioned the notification No. A-GDSMD/MC/Dariapur/2015 dated 19.01.2015 (Annexure A/1) by which applications for the post of GDS Mail Deliver/Mail Carrier vacant under Dariapur Branch Post Office, Tungi SO were sought from Other Backward Caste (OBC) candidates only. The applicant's contention is that this post became vacant after retirement of a person who belonged to Other Categories (OC). Therefore, the notification should not have been only for the backward categories. According to him, this has been done with malicious intention and is
-2- OA/050/00207/2015 illegal, arbitrary and unconstitutional. The applicant has also requested for asking the respondent authorities to produce a roaster to show which posts are reserved for which particular community.
2. The respondents have denied the allegations of the applicant. According to them, there were four vacancies in West Hisua Sub Division of Nawada. The vacancies are required to be filled up by giving proper representation to OC, OBC, SC and ST. Since the village post Dariapur is dominated by OBCs as evident from a report received from Mukhia Gram Panchayat Dariapur this vacancy was notified for OBC. In response to this advertisement, 103 applications were received and the selection was made on the basis of the marks received in the relevant examination of the Board after verifying the genuineness of the certificates. The respondents have denied the existence of any roaster for the GDSMD/MC
3. After going through the pleadings and hearing the parties, it is clear that the only reason on which the applicant's case is based is on the aforesaid fact of the vacancy having occurred on the retirement of a person belonging to OC category. There is apparently no rule under which the department can be compelled to fill a vacancy by a member of the same category to which the person retiring from that post belonged. The applicant has also not produced any evidence to support his allegations about the malice or nepotism involved in the recruitment to that post. Since the selection has been made after an open advertisement and on the basis of an objective criteria the allegation of nepotism in the applicant's representation before CPMG, Bihar, Patna is not substantiated.
-3- OA/050/00207/2015
4. Since the applicant has not been able to substantiate any of the arguments which he has alleged for cancellation of the impugned notification, the case has no merit. The OA is dismissed accordingly. No order as to costs.
[ Dinesh Sharma] [Jayesh V. Bhairavia] Administrative Member Judicial Member Srk.