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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NOS.1580/2010, 1575/2010, 1576/2010,
1577/2010, 1578/2010, 1582/2010, 1583/2010, 1584/2010,
1586/2010, 1587/2010, 1588/2910, 1589/2010 AND 2071/2010,
2072/2010, 2073/2010.
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WRIT PETITION NO.1580/2010
PETITIONERS:- 1. Director, Postal Services,
Nagpur Region, Nagpur - 10.
2. Senior Superintendent of Post Offices,
Mofussil Division, Nagpur - 12.
3. Post Master General, Nagpur Region,
Nagpur.
4. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
...VERSUS...
RESPONDENT :- Sanjay s/o Govindraoji Chandurkar
Aged about 34 years, Occupation Ex-GDS BPM,
Malegaon Branch Post Office, Tahsil Saoner,
District Nagpur.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.1575/2010
PETITIONERS:- 1. Director, Postal Services,
Nagpur Region, Nagpur - 10.
2. Senior Superintendent of Post Offices,
Mofussil Division, Nagpur - 12.
3. Post Master General, Nagpur Region,
Nagpur.
4. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
ig ...VERSUS...
RESPONDENT :- Sunil s/o Gyaniram Thombre,
Aged about 29 years, Ex-GDS BPM,
Mumdhawda Branch Post Office, Tahsil Tirora,
District Gondia.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.1576/2010
PETITIONERS:- 1. Assistant Superintendent of Post Offices,
Nagpur Mfl. North Sub-Division,
Kampthi - 441001, Tahsil Kampthi,
District Nagpur.
2. Senior Superintendent of Post Offices,
Nagpur Mofussil Division, Nagpur - 12.
3. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
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...VERSUS...
RESPONDENTS :- 1. Vilas s/o Dhanraj Pardhi,
Aged about 27 years Ex. G.D.S., M.D.,
Dattawadi Sub Post Office, R/o Dhamna
Village, Tq. And District Nagpur.
2. Shrawan Bapusa Salam,
Officiating GDS M.D. Dhamna,
Taluka and Distt. Nagpur.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri M.R. Parkhi, P.N. Shende, Advs. for respondents]
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WRIT PETITION NO.1577/2010
PETITIONERS:- 1. Director, Postal Services,
Nagpur Region, Nagpur - 10.
2. Senior Superintendent of Post Offices,
Mofussil Division, Nagpur - 12.
3. Post Master General, Nagpur Region, Nagpur.
4. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
...VERSUS...
RESPONDENT :- Yogesh s/o Kawduji Tidke,
Aged about 33 years, Ex- GDS BPM,
Silli Branch Office, Resident of - Silli Village,
District Bhandara.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri A.S. Chandurkar, M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.1578/2010
PETITIONERS:- 1. Director, Postal Services,
Nagpur Region, Nagpur - 10.
2. Senior Superintendent of Post Offices,
Mofussil Division, Nagpur - 12.
3. Post Master General, Nagpur Region, Nagpur.
4. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
ig ...VERSUS...
RESPONDENT :- Ashish s/o Motiram Anjankar,
Aged about - 23 years, Ex-GDS BPM,
Pipla (Kinkhedi), Tq. Kalmeshwar, District
Nagpur.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.1582/2010
PETITIONERS:- 1. Director, Postal Services,
Nagpur Region, Nagpur - 10.
2. Senior Superintendent of Post Offices,
Nagpur Mofussil Division, Nagpur - 12.
3. Sub Divisional Inspector (Post),
Gondia Sub Division, Gondia - 441601.
4. Union of India through The Secretary,
Ministry of Communication, New Delhi.
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...VERSUS...
RESPONDENT :- Umesh Pritamlal Yede,
Ex-Gramin Dak Sevak, - Branch Post Master
(GDSBPM) Pandhri Branch Post Office,
Pandhri, Tahsil Sadak Arjuni, District Gondia.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri A.S. Chandurkar, M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.1583/2010
PETITIONERS:-
1. Director of Postal Services,
Nagpur Region, Nagpur - 440010.
2. Senior Superintendent of Post Offices,
Nagpur Mofussil Division, Nagpur.
3. Sub Divisional Inspector (Post),
Gondia Sub Division, Gondia - 441601.
4. Union of India through The Secretary,
Ministry of Communication, New Delhi.
...VERSUS...
RESPONDENT :- Shivshankar Baburao Dandhare,
Ex-GDS Branch Post Master, Thane Petrol
Pump, Taluka & District Bhandara.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri A.S. Chandurkar, M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.1584/2010
PETITIONERS:- 1. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
2. Senior Superintendent of Post Offices,
Nagpur Mofussil Division, Nagpur - 12.
3. Assistant Superintendent of Police Offices,
Bhandara South Sub-Division, Bhandara.
...VERSUS...
RESPONDENT :- Chintaman s/o Ramaji Raut,
Aged about 25 years, Occupation Nil, resident
of Opara, Tahsil Lakhandur, District Bhandara.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.1586/2010
PETITIONERS:- 1. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
2. Director, Postal Services, Nagpur Region,
Nagpur - 10.
3. Senior Superintendent of Post Offices,
Mofussil Division, Nagpur - 12.
...VERSUS...
RESPONDENT :- Manoj s/o Ramesh Bansod,
Aged about 32 years, Occupation - Nil,
Resident of Chanderi (Malipar), Tahsil and
District Bhandara.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri A.S. Chandurkar, M.R. Parklhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.1587/2010
PETITIONERS:- 1. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
2. Senior Superintendent of Post Offices,
Mofussil Division, Nagpur - 12.
3. Assistant Superintendent of Police Offices,
Bhandara South Sub-Division, Bhandara.
...VERSUS...
RESPONDENT :- Gajanan s/o Bhaskar Matale,
Aged about 31 years : Occupation - Nil,
resident of Hardoli, District Bhandara.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri A.S. Chandurkar, M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.1588/2010
PETITIONERS:- 1. Director, Postal Services,
Nagpur Region, Nagpur - 10.
2. Senior Superintendent of Post Offices,
Mofussil Division, Nagpur - 12.
3. Post Master General, Nagpur Region, Nagpur.
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4. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
...VERSUS...
RESPONDENT :- Jitendra s/o Sadhuji Sarve,
Aged about 25 years, Ex-GDS BPM, Madgi,
Tahsil Tumsar, District Bhandara.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.1589/2010
PETITIONERS:- 1. Director, Postal Services,
Nagpur Region, Nagpur - 10.
2. Senior Superintendent of Post Offices,
Mofussil Division, Nagpur - 12.
3. Post Master General, Nagpur Region, Nagpur.
4. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, Sansad Marg,
New Delhi.
...VERSUS...
RESPONDENT :- Bharatlal s/o Tukdoji Gurnule
Aged about 26 years, Ex-GDS BPM,
Ghonadi Branch Post Office, Resident of
Ghonadi Village, Tahsil Deori, District Gondia.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri A.S. Chandurkar, M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.2071/2010
PETITIONERS:- 1. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
2. Post Master General, Nagpur Region,
Shankar Nagar, Nagpur.
3. Director, Postal Services, Nagpur Region,
Nagpur - 10.
4. Senior Superintendent of Post Offices,
Mofussil Division, Nagpur - 12.
ig ...VERSUS...
RESPONDENT :- Sanjot Gangaram Borkar,
Aged about 28 years, Occupation Nil,
resident of Post Khandala, Taluka Sakoli,
District Bhandara.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri A.S. Chandurkar, M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.2072/2010
PETITIONERS:- 1. Director, Postal Services,
Nagpur Region, Nagpur - 10.
2. Senior Superintendent of Post Offices,
Mofussil Division, Nagpur - 12.
3. Post Master General, Nagpur Region, Nagpur.
4. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
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...VERSUS...
RESPONDENT :- Kunjilal s/o Balaji Raut,
Aged about 32 years, Ex-GDS BPM,
Moharna Branch Post Office, Resident of
Moharna Village, Tahsil Lakhandur,
District Bhandara.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri A.S. Chandurkar, M.R. Parkhi, P.N. Shende, Advs. for respondent]
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WRIT PETITION NO.2073/2010
PETITIONERS:-
1. Director, Postal Services,
Nagpur Region, Nagpur - 10.
2. Senior Superintendent of Post Offices,
Mofussil Division, Nagpur - 12.
3. Post Master General, Nagpur Region, Nagpur.
4. Union of India, through Secretary,
Ministry of Communication (Department of
of Posts), Dak Bhawan, New Delhi.
...VERSUS...
RESPONDENT :- Pyarelal Thuna Ganvir,
Aged about 35 years, Resident of Shenda,
Taluka Sadak Arjuni, District Gondia.
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[Shri R.S. Sundaram, Adv. for petitioners]
[S/Shri A.S. Chandurkar, M.R. Parkhi, P.N. Shende, Advs. for respondent]
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CORAM :- S.A. BOBDE AND
A.B. CHAUDHARI, JJ.
Date of reserving the judgment :- 17.08.2010
Date of pronouncing the judgment :- 17.09.2010
JUDGMENT (PER : A.B. CHAUDHARI, J.)
1. Heard. Rule. Rule returnable forthwith. Heard finally
by consent of the learned Counsel for the rival parties.
2. All these writ petitions, filed by the Director Postal
Services, Nagpur and others, arose out of the common judgment
dated 9.10.2009, passed by the Central Administrative Tribunal,
Mumbai, Camp at Nagpur, by which the Original Applications
filed by the respective respondents in these writ petitions were
allowed in terms of paragraph No.8 of the Original Applications,
meaning thereby that the Central Administrative Tribunal
directed reinstatement with payment of T.R.C.A. from the date of
termination till date of reinstatement and continuity of service.
3. In support of the writ petitions, the learned Counsel
for the petitioners made the following submissions.
(1) Gramin Dak Sevak (Conduct and Employment)
Rules, 2001 are statutory in character and the Tribunal erred in
treating the same as mere departmental instructions.
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(2) Rule 4 (C) (3) of the said Rules empower the
superior authority to call for the records for appointments of
G.D.S., if there is a material irregularity or illegality in the matter
of recruitment and the Director of Postal Services being the
superior authority over the appointing authority, the
appointments were rightly reviewed and having noticed material
irregularity after compliance of principles of natural justice, the
services of the respondents were terminated.
(3) The Tribunal committed an error in holding that
there was no violation of the Rules in the matter of criteria for
selection inasmuch as preference was required to be given in
accordance with the higher percentage of marks as per
examination in all the cases and that being so the candidates
having higher marks were not appointed and therefore, there
was violation of the Rule regarding recruitment and therefore,
Reviewing Authority had a power to correct the said error the
same being material irregularity.
(4) The Tribunal should not have decided all the
Original Applications together since the facts and circumstances
were different in different cases.
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(5) The decision of the Supreme Court in the case
of Union of India and others…Versus…Bikash Kuanar,
reported in 2006 (8) Supreme Court Cases 192, relied upon
by the Tribunal, was not applicable, as the facts in the said case
were clearly distinguishable. In the said decision itself the
Supreme Court held that if the mistake is committed in passing
the order, the same may be rectified.
(6) The Tribunal committed an error in observing in
paragraph No.18 of its judgment that the submission regarding
abolition of posts made before it was oral and no documents
were filed before the Tribunal in support of the said submission.
In fact, according to the learned Counsel for the petitioners as
now disclosed in the additional affidavit of Ramesh Abhiman
Bhavate, dated 16.8.2010, filed before this Court vide paragraph
No.9 thereof documents, namely, communication dated
11.8.2003 circulated by letter dated 12.09.2003 (Document
No.7) were filed in Original Application No.2249/2004, filed by
Shyamrao Damdu Taiwade and had sought permission to file
those documents, showing abolition of posts. Therefore, the
Tribunal erred in not considering the said documents in correct
perspective and in the alternative, the learned Counsel prayed
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for remand of the matters to the Tribunal for reconsideration.
4. The learned Counsel for the petitioners filed vigilance
report dated 1.9.2004 along with the said additional affidavit in
this Court and urged that the vigilance report clearly shows the
material irregularity in the appointments, namely, that in some
cases candidates having more marks were not preferred, as
required. According to him, though the said vigilance report is
filed before this Court for the first time so also the other
documents regarding abolition of posts, the matters are required
to be sent back to the Tribunal for consideration thereof. The
petitioner – Department has taken action against the erring
officer, who had made appointments with material irregularity
and some of them have punished, which is evident from the
documents filed with the affidavit.
5. Per contra, the learned Counsel for the respondents
appearing in various writ petitions made the following
submissions.
(1) The question regarding termination of service
being common in all the cases and all the appointments being
made in the month of September, 2003 and the termination also
having being made after about one-and-a-half – two years, the
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Tribunal committed no wrong in deciding the question of law by
the common judgment and order.
(2) The additional affidavit dated 16.8.2010 filed in
this Court is liable to be rejected since the same amounts to
filing new evidence before this Court, which is wholly
impermissible in the writ jurisdiction.
(3) Submission regarding abolition of posts is
wholly misplaced and inasmuch as that was never a ground for
termination of services of the respondents in the
show-cause-notice that was served on them and therefore, the
said new ground could not be allowed to be taken up for the first
time in the writ petitions in this Court. The only ground on which
the show-cause-notice was issued to the respondents was that
the candidates having more marks than them were not given
preference. According to the learned Counsel for the
respondents that could not be a ground in the absence of any
allegation of bias or favouritism and the employees having
rendered service for one-and-a-half – two years, there was no
pleading before the Tribunal about the abolition of posts nor any
documents were filed pertaining to the respondents regarding
abolition of posts. At any rate, the Tribunal has observed that
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abolition of posts was hardly relevant since the employees would
be governed by the restructuring and the Tribunal was only
required to decide whether the termination was legal or not.
6. The learned Counsel for the respondents-employees
heavily relied upon the decision in the case of Union of India
and others…Versus…Bikash Kaunar, reported in 2006 (8)
Supreme Court Cases 192.
7. We have gone through the judgment of the Central
Administrative Tribunal, which in our opinion, is in necessary
details. We have already gone through the pleadings of the
parties before the Tribunal so also additional affidavit dated
16.8.2010, filed in this Court for the first time, along with
documents and vigilance report etc..
8. Looking to the nature of controversy that was to be
decided by the Tribunal, we do not find any error with the
Tribunal in deciding all the Original Applications together since
the common questions were involved before it in all the Original
Applications and therefore, we find no substance in the
submission made by the learned Counsel for the petitioners that
the Tribunal should have decided the cases separately.
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9. Without entering into controversy as to whether the
said Rules of 2001 are statutory in nature, we upon perusal of
the entire record find that there was no material irregularity or
illegality on the part of the Appointing Authority in making
appointments of the respondents as per the recruitment rules.
The only objection of the Reviewing Authority and the learned
Counsel for the petitioners before us to the appointments has
been that those candidates who were having more percentage of
marks were not given preference and that is why there is a
material irregularity in the matter of appointments so also the
violation of the recruitment rules. This is the only ground that
has been raised in the vigilance report, departmental
communications and in the pleadings set up before the Tribunal
as well as this Court. There is no other ground for objecting the
appointments except this. The ground regarding abolition of
posts was never raised before the Tribunal in the pleadings and
the same seems to have been raised orally before the Tribunal.
We deal with the said aspect little later.
10. Now taking into consideration the said objection on
facts, at the outset, we find that marks obtained in the
matriculation examination was not the only criteria for making
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the appointments. On the contrary, apart from the marks in the
matriculation examination a very important criteria was that the
candidate should have agricultural land/independent property in
his name and should have proper source of income so also
residence at the same village, where the post office is located.
Secondly, the rule regarding preference to higher percentage of
marks cannot be read to mean that those having higher
percentage of marks were mandatorily required to be selected or
appointed. The use of the very word ‘preference’ does not make
it mandatory on the part of the Appointing Authority to appoint a
candidate, having higher percentage of marks in matriculation
examination and therefore, we find that there was no violation of
rule on the part of the Appointing Authority in the matter of
recruitment as alleged by the petitioners.
11. Looking to the factual data, which has been
considered by the Tribunal and in our opinion rightly, the
difference of percentage of marks in most of the cases is
marginal. Since we have held that there is no violation of rule
regarding recruitment on the part of the Appointing Authority,
even if, some candidates with less percentage of marks were
selected and appointed, no illegality much less material
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irregularity could be said to have been committed by the
Authority. It is important to note that there is no allegation at all
about bias or favouritism by the petitioners even in the vigilance
report or in the pleadings set up before the Tribunal or this Court.
In the wake of these facts and the discussion made by us above,
we find that the decision of the Supreme Court in the case of
Union of India and others (supra) is aptly applicable in the facts
of the case and it would be proper to quote paragraph Nos.12 to
16 from the said judgment, which read thus :
“12. The matter relating to
appointment or recruitment of EDDA is not
governed by any statute but by departmental
instructions. It is now trite that if a mistake is
committed in passing an administrative order,
the same may be rectified. Rectification of a
mistake, however, may in a given situation
require compliance with the principles of
natural justice. It is only in a case where the
mistake is apparent on the face of the record, a
rectification thereof is permissible without
giving any hearing to the aggrieved party.
13. The respondent was recruited not
only on the basis of marks obtained by him in
the matriculation examination but also upon
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consideration of various other criteria necessary
therefor. He filed all necessary and requisite
documents. The candidature of all the
candidates has been considered on their own
merits. Only because one Pitamber Majhi had
obtained higher marks in the matriculation
examination, the same by itself should not have
been a ground for cancelling the order of
recruitment passed in favour of respondent.
14. When a Selection Committee
recommends selection of a person, the same
cannot be presumed to have been done in a
mechanical manner in absence of any allegation
of favouritism or bias. A presumption arises in
regard to the correctness of the official act. The
party who makes any allegation of bias or
favouritism is required to prove the same. In the
instant case, no such allegation was made. The
selection process was not found to be vitiated.
No illegality was brought to our notice. In this
view of the matter, we are of the opinion that
the said Pitamber Majhi by reason of higher
marks obtained by him in the matriculation
examination also cannot be said to be a better
candidate than the respondent herein. In this
view of the matter, we do not find any fault with
the impugned judgment of the High Court.
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15. The Division Bench of the High Court,
in our considered view, correctly applied the law,
which has been crystallised in a number of
decisions of this Court.
16. Indisputably, the respondent has
fulfilled all the essential terms and conditions for
the appointment to the said post. The
respondent alone had submitted all necessary
and required documents before the date
prescribed by the appellants. It may also be
pertinent to mention that at the time of selection
the respondent was the only one who had the
experience of working continuously on the said
post for a period of one-and-a-half years.
Perhaps, all these factors cumulatively
persuaded the authorities concerned to select
the respondent to the said post.”
12. The submission made on behalf of the petitioners
about abolition of posts of the respondents-employees is liable to
be rejected for the reasons more than one. In the first place, in
the pleadings, which were filed before the Tribunal, no such plea
was at all raised in the Original Applications. The said plea
appears to have been set up for the first time before the Tribunal
in arguments. The Tribunal in that regard observed thus in its
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impugned judgment. We quote the relevant portion from
paragraph No.18 as under :
“18. Lastly, in this connection, it is
also pertinent to note that the submission regarding
abolition of post has been taken by the respondentsorally and in the same breath it was submitted that
restructuring of the whole cadre of GDS was
underway. The respondents have not pointed outthat the termination of the services of the
applicants was due to abolition of posts held by
them or because of restructuring of the cadre of
GDS. The respondents have also not given thecircumstances leading to the abolition of posts, if
any. Even the so called policy decision to abolish
the posts has not been placed on record. It is theadmitted factual position that the said abolition of
posts, if any, was not one of the grounds for
termination of the services of the applicants in
question. As such, apparently there is noco-relation between the abolition of the post and
termination of the services of the applicants…”
13. We have no reason to disbelieve what the Tribunal
has observed in paragraph No.18 merely because the learned
Counsel for the petitioners states that documents were filed
before the Tribunal. We, however, gave opportunity to the
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learned Counsel for the petitioners to file those documents
before us. The learned Counsel for the petitioners filed
additional affidavit dated 16.8.2010 with vigilance report and
other documents. In paragraph No.9 of the additional affidavit, it
is stated as under :
“9. It is submitted, the case of
Shyamrao Damdu Taiwade, Original ApplicationNo. 2249 of 2004, which was also jointly heard by
Applications,
the Tribunal on 17/9/2009 along with 6 Original
the petitioner herein had filed
documents by seeking permission to filedocuments with respect to the letters issued by
the Department of Posts so as to revamp Rural
Postal Network as well as imposition of ban infilling up the GDS posts. These documents were
filed in the above Original Applications so as to
support the contention of the petitioner about
abolition of posts as well as re-structuring of thecadre as well as ban imposed. Copy of the
communication dated 11th August, 2003 as issued
by the Department of Post which was circulated
by letter dated 12th September, 2003 from theoffice of Postmaster General, Nagpur Region,
Nagpur is herewith annexed as Document
No.7.”
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14. From the reading of paragraph No.9 of the additional
affidavit, it is clear that the documents were said to have been
filed in Original Application No.2249/2004 only and there is no
statement that the petitioners had obtained any order on the
application for permission to file those documents. Ignoring all
this, we decided to go through these documents, which were
collectively filed as document No.7. Document No.7 is a
communication dated 11.8.2003 and another dated 12.9.2003.
These two documents filed as document No.7 nowhere show the
abolition of any post but shows that proposal to revamp rural
postal network is likely to be taken up. There is nothing more in
these documents and therefore, contention raised by the learned
Counsel for the petitioners about these documents showing
abolition of posts will have to be rejected.
15. Upon perusal of the additional affidavit, we find that
some documents regarding abolition of posts have been
mentioned in paragraph No.8 of the additional affidavit and
these documents are filed before this Court for the first time as
document Nos.4, 5 and 6. It is not claimed in this paragraph
No.8 that these documents No. 4, 5 and 6 were ever filed before
the Tribunal. We were therefore not required to consider this
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fresh material before this Court for the first time but even then
due to insistence of the learned Counsel for the petitioners, we
went through all these documents No. 4, 5 and 6 and we find
that these documents dated 20.09.2004, 26.12.2005 and
18.4.2006 indicate abolition of 34, 10 and 12 posts of G.D.S.
respectively at the places shown in the annexure thereof. As a
matter of fact, after filing these documents, it was the duty of
the learned Counsel for the petitioners to corelate these
documents to the respondents-employees but no such attempt
was made and these documents were just casually filed on the
record. We, however, have gone through these documents and
compared them with the names etc. respondents-employees and
we find from these documents that except Malegaon B.O.,
G.D.S., M.D. Saoner S.O. under letter dated 18.4.2006
(Document No.6) relating to Sanjay Govindraoji Chandurkar, no
other posts held by the other respondents are shown to have
been abolished. At any rate, the post of this Sanjay Govindraoji
Chandrukar shown to have been abolished is w.e.f. 30.4.2006.
16. Physical verification carried out by us thus shows that
the posts held by the respondents were never abolished. Thus,
even on merits the contention regarding abolition of posts
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advanced by the learned Counsel for the petitioners is without
any merit. At any rate, even in the case of Sajnay Govindraoji
Chandurkar, whose post is shown to have been abolished after
his termination, the Tribunal has taken care to observe that he
would be governed by restructuring and therefore, we find no
reason to interfere with the well reasoned judgment made by the
Tribunal. Since the respondents-employees have been
unjustifiably kept out of employment at least during the
pendency of these writ petitions, the petitioners having obtained
stay from this Court and in the light of the above discussion, we
find this to be a fit case, where cost is required to be imposed on
the petitioners. In the result, we pass the following order.
ORDER
(i) Writ Petitions are dismissed with costs of
Rs.5,000/- (Rupees Five Thousand Only) payable by the
petitioners to each of the respondents within a period of eight
weeks from today.
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(ii) The petitioners shall comply with the order of
the Tribunal within a period of eight weeks from today and upon
failure to comply the said order, the petitioners will have to pay
the T.R.C.A. thereafter.
JUDGE JUDGE
Advocate Shri R.S. Sundaram for the petitioners
prays for stay of this judgment. As the matter concerns
employment in rural area, request is rejected.
JUDGE JUDGE
ssw
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