This Court dismissed the petitioner's petition seeking direction for consideration for appointment as Gramin Dak Sevak. The Court held that no direction for appointment can be issued without participation in the selection process, rejecting interference with the Tribunal's order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
OP (CAT).No.17 OF 2014(Z)
AGAINST THE ORDER/JUDGMENT IN OA 761/2013 DATED 25-10-2013 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S:
K.M.KAILASAN
AGED 46 YEARS S/O.NARAYANAN, KAYAKALIPOLIL, POURNAMI, PARAMBIL P.O., KOZHIKODE DISTRICT.
BY ADVS.
SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SRI.H.PRAVEEN (KOTTARAKARA) SMT.D.S.THUSHARA
RESPONDENT/S:
1 SENIOR SUPERINTENDENT OF POST OFFICE KOZHIKODE-673001.
2 INSPECTOR POSTS CALICUT NORTH SUB DIVISION, CALICUT-673001.
R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R2 BY ADV. SRI.T.SANJAY CGC
OTHER PRESENT:
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 16.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.VINOD CHANDRAN &
V.G.ARUN, JJ.
O.P(CAT).No. 17 of 2014
Dated this the 16th day of November, 2019
JUDGMENT
Vinod Chandran, J.
The request for consideration of selection to the post of Gramin Dak Sevak Mail Deliverer was directed to be considered by the Tribunal. The petitioner had applied for selection pursuant to a notification issued in 2011. However, he was not selected. He approached the Tribunal even before the selection had commenced. The Tribunal directed that he may be considered for appointment in Calicut Division as and when such vacancies arise, that too, considering also the claim of similarly situated persons. It is trite that the official respondents conduct selection through a notification. Admittedly, the petitioner applied under a subsequent notification also and again he was not successful.
There cannot be any direction for consideration for appointment without participating in the selection process. We do not think there can be any interference to the Tribunal's order at the instance of the petitioner. The original petition is dismissed.
Sd/-
K.VINOD CHANDRAN
Sd/-
V.G.ARUN
vgsx
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE -A1 | TRUE COPY OF HON'BLE TRIB |
THE UNAL |
JUDGMENT OF THIS IN O.A. 149/2012 |
|---|---|---|---|
| ANNEXURE -A2 | TRUE COPY OF BY THE 2ND R |
THE ESPON |
NOTIFICATION ISSUED DENT DATED 1.7.2013 |
| ANNEXURE -A3 | TRUE COPY OF SUBMITTED BY 2013 |
THE THE |
APPLICATION FORM APPLICANT DATED 16-7- |
| ANNEXURE -A4 | TRUE COPY OF SUBMITTED BY 2ND RESPONDE |
THE THE NT |
REPRESENTATION APPLICANT BEFORE THE |
| EXHIBIT P1 | TRUE COPY OF OF 2013 |
THE | ORIGINAL PETITION 761 |
| EXHIBIT P2 | TRUE COPY OF BY THE RESPO |
THE NDENT |
REPLY STATEMENT FILED S |
| EXHIBIT P3 | TRUE COPY OF THE PETITION |
THE ER WI |
RE-JOINDER FILED BY TH ANNEXURES |
| EXHIBIT P4 | TRUE COPY OF 761/2013 DAT |
THE ED 25 |
JUDGMENT IN O.A. .10.2013 |
1 issue framed by the court
Whether the petitioner can be directed for appointment without participating in the statutory selection process?
K.M.Kailasan
Senior Superintendent of Post Office Kozhikode
Inspector Posts Calicut North Sub Division
Vinod Chandran
V.Arjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
