BIBHUDATTA MOHANTY Vs. UNION OF INDIA
LAWS(SC)-2002-3-105
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on
March 20,2002
BIBHUDATTA MOHANTY
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
UNION OF INDIA VS. N HARGOPAL [REFERRED]SECY HEALTH DEPTT OF HEALTH AND F W VS. ANITA PURI [REFERRED]
Cited Judgements :-
SHRI ADESH VS. SENIOR SUPDT. OF POST OFFICES AND ORS. [LAWS(CA)-2009-1-15] [REFERRED TO]SMRITIKANA ROY, (HAIDER) VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2006-7-97] [REFERRED TO]
JIVRAKHAN LAL VERMA, S/O SHRI BHULAU RAM VERMA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-2-72] [REFERRED TO]
VED PARKASH VS. PUNJAB AND HARYANA HIGH COURT [LAWS(P&H)-2008-2-152] [REFERRED TO]
TANMOY RAMAYA LAHIRI VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-6-1] [REFERRED TO]
MANDIRA SEN MANDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2002-2-6] [REFERRED TO]
RAJENDRA PRASAD YADAV VS. CHAIRMAN SANYUKT KSHETRIYA GRAMIN BANK AZAMGARH [LAWS(ALL)-2008-1-41] [REFERRED TO]
RAMESH RAI VS. CHAIRMAN S K G BANK [LAWS(ALL)-2005-2-188] [REFERRED TO]
THE WEST BENGAL CENTRAL SCHOOL SERVICE COMMISSION AND ORS. VS. MUSTAKIN ALI KHAN AND ORS. [LAWS(CAL)-2016-3-51] [REFERRED TO]
LIBERIA DSOUZA VS. STATE OF GOA [LAWS(BOM)-2022-11-110] [REFERRED TO]
Ramesh Chandra Nanda VS. Registrar [LAWS(ORI)-2006-4-59] [REFERRED TO]
SECRETARY ANDHRA PRADESH PUBLIC SERVICE COMMISSION VS. YVVR SRINIVASULU [LAWS(SC)-2003-4-12] [REFERRED]
PRAVEEN S LAL VS. STATE OF KERALA [LAWS(KER)-2006-9-46] [REFERRED TO]
YOGENDRA RAI VS. ADHYAKSHA BASTI GRAMIN BANK BASTI [LAWS(ALL)-2008-1-140] [REFERRED TO]
DILIP VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-10-184] [REFERRED TO]
JAYANTA KUMAR DEY VS. UNION OF INDIA (UOI) [LAWS(CAL)-2004-8-73] [REFERRED TO]
MANDIRA SEN MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2002-12-11] [REFERRED TO]
UNION OF INDIA AND ORS. VS. A. LAXMI NARAYAN DORA [LAWS(ORI)-2005-10-45] [REFERRED TO]
RATUL DEKA VS. STATE OF ASSAM [LAWS(GAU)-2021-6-5] [REFERRED TO]
KESHARI SAHOO VS. STATE OF ODISHA [LAWS(ORI)-2019-4-95] [REFERRED TO]
AMBIKA PRASAD TRIVEDI HIRA LAL TRIVEDI VS. UNION OF INDIA [LAWS(ALL)-2004-3-251] [REFERRED TO]
G GOPAL RAO VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2002-9-47] [REFERRED TO]
DR. (SMTI.) MANALISHA CHOUDHURY VS. THE STATE OF ASSAM AND OTHERS [LAWS(GAU)-2017-10-87] [REFERRED TO]
MUHAMMAD SHAFI BADOO VS. STATE OF J&K [LAWS(J&K)-2014-5-4] [REFERRED TO]
G GOPAL RAO VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2002-9-64] [REFERRED TO]
RONALD JAGDISH THAKOR VS. GUJARAT UNIVERSITY [LAWS(GJH)-2010-5-176] [REFERRED TO]
KANAI PRASAD MANDAL, SON OF MUILAL MANDAL VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2017-1-200] [REFERRED TO]
SURESH CHATURVEDI VS. INDIAN OIL CORPORATION LTD [LAWS(MPH)-2009-10-12] [REFERRED TO]
C SUBRAMANI VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2011-9-432] [REFERRED]
BALBIR SINGH BEDI VS. STATE OF PUNJAB [LAWS(SC)-2013-2-26] [REFERRED TO]
PANKAJ KUMAR DUBEY VS. PUNJAB NATIONAL BANK [LAWS(ALL)-2014-7-103] [REFERRED TO]
C. THANGARAJ VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-12-175] [REFERRED TO]
RAGHWENDRA KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2021-9-56] [REFERRED TO]
K. NANDHINI VS. THE TAMIL NADU PUBLIC SERVICE COMMISSION REP. BY ITS SECRETARY FRAZER BRIDGE ROAD, V.O.C. NAGAR PARK TOWN, CHENNAI 600 003 [LAWS(MAD)-2016-12-82] [REFERRED TO]
N MUTHURAMAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2005-4-121] [REFERRED TO]
P VADIVEL VS. MANAGING DIRECTOR FOOD CORPORATION OF INDIA NEW DELHI [LAWS(MAD)-2009-1-114] [REFERRED TO]
JUDGEMENT
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(1.)Leave is granted.
(2.)These appeals are from the judgment and order of the Division Bench of the High Court of Orissa at Cuttack in O.J.C. No. 8733 of 2000, dated September 12, 2000 and final order of November 3, 2000 in Civil Review No. 137 of 2000, respectively.
(3.)The unsuccessful petitioner in the said O.J.C. and Civil Review is the appellant. He was temporarily appointed in the post of Extra Departmental Mail Carriers (for short 'the EDMC') in the Sithalo Branch Post Office, by the Assistant Superintendent of the Post Offices (I/C), Jagatsinghpur Sub-Division, Jagatsinghpur (for short, 'respondent No.4') on February 1, 1997. He worked in that post till September 3, 1997. He was again appointed as a substitute in the said post for the period from May 9, 1998 to August 24, 1998 in Palasol Branch Post Office. For filling up the post on permanent basis, respondent No. 4 sent a requisition to the Employment Exchange to sponsor candidates having qualification of VIII standard passed for the post of EDMC. It may be mentioned that in the requisition to Employment Exchange there was no mention that peference will be given to the candidates who passed matriculation. The Employment Exchange accordingly sponsored 40 names having VIII class passed qualification and out of them only 13 candidates applied for the post. As the name of the appellant did not figure in the list of the candidates sponsored by Employment Exchange, he filed O.J.C. No. 12733 of 1998 before the High Court for a direction to respondent No. 4 to consider his candidature for the said post. Having regard to the judgment of this Court in Union of India v. N. Hargopal, (AIR 1987 SC 1227), a Division Bench of the High Court issued a direction to respondent No. 4 to consider the case of the appellant on merit and in accordance with rules and thus disposed of the writ petition on September 15, 1998. Respondent No. 5 who has also aspiring for the post, having learnt that his name was not sponsored by the Employment Exchange in response to the requisition of respondent No. 4, approached the Central Administrative Tribunal, Cuttack Bench, Cuttack (for short, 'the Tribunal') for a direction to consider his candidature for the said post. On January 28, 1999, the Tribunal issued an interim direction to respondent No. 4 to consider the candidature of respondent No. 5.
(2.)These appeals are from the judgment and order of the Division Bench of the High Court of Orissa at Cuttack in O.J.C. No. 8733 of 2000, dated September 12, 2000 and final order of November 3, 2000 in Civil Review No. 137 of 2000, respectively.
(3.)The unsuccessful petitioner in the said O.J.C. and Civil Review is the appellant. He was temporarily appointed in the post of Extra Departmental Mail Carriers (for short 'the EDMC') in the Sithalo Branch Post Office, by the Assistant Superintendent of the Post Offices (I/C), Jagatsinghpur Sub-Division, Jagatsinghpur (for short, 'respondent No.4') on February 1, 1997. He worked in that post till September 3, 1997. He was again appointed as a substitute in the said post for the period from May 9, 1998 to August 24, 1998 in Palasol Branch Post Office. For filling up the post on permanent basis, respondent No. 4 sent a requisition to the Employment Exchange to sponsor candidates having qualification of VIII standard passed for the post of EDMC. It may be mentioned that in the requisition to Employment Exchange there was no mention that peference will be given to the candidates who passed matriculation. The Employment Exchange accordingly sponsored 40 names having VIII class passed qualification and out of them only 13 candidates applied for the post. As the name of the appellant did not figure in the list of the candidates sponsored by Employment Exchange, he filed O.J.C. No. 12733 of 1998 before the High Court for a direction to respondent No. 4 to consider his candidature for the said post. Having regard to the judgment of this Court in Union of India v. N. Hargopal, (AIR 1987 SC 1227), a Division Bench of the High Court issued a direction to respondent No. 4 to consider the case of the appellant on merit and in accordance with rules and thus disposed of the writ petition on September 15, 1998. Respondent No. 5 who has also aspiring for the post, having learnt that his name was not sponsored by the Employment Exchange in response to the requisition of respondent No. 4, approached the Central Administrative Tribunal, Cuttack Bench, Cuttack (for short, 'the Tribunal') for a direction to consider his candidature for the said post. On January 28, 1999, the Tribunal issued an interim direction to respondent No. 4 to consider the candidature of respondent No. 5.
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