- (1.) ISSUE notice to Respondent. Steps within a week. The Respondent is allowed four weeks' time to file counter affidavit. The Petitioners will have one week thereafter to file rejoinder affidavit. List on 5.4.2011.
(2.) IT is submitted by Shri Subodh Kumar, learned Counsel for the Petitioners, that in respect of selections for the post of Postman on the vacancies of the Kanpur region in the year 1991, an Original Application No. 546 of 1997 filed by Shri Jag Mohan Yadav and others, was decided on 05.2.1997. The Tribunal set aside the order dated 27.7.1992 for cancellation of examinations and directed the Respondents to declare the result. A review application No. 33 of 1997 was dismissed on 31.7.2000. Thereafter a Writ Petition No. 12990 of 2004 was dismissed on 31.3.2004. The Respondent was at serial No. 12 in the merit list. There were no vacancy at the relevant time. Shri Subodh Kumar submits that the applicant earlier filed the Original Application No. 261 of 2008, which was disposed of with directions to decide applicant's representation and after rejection of the representation, he filed the subject Original Application, in which by the impugned judgment the Tribunal has found that the applicant's case was similar to that of the persons in O.A. No. 546 of 1992 and imposing a cost of Rs. 10,000/ -, issued directions to give appointment to the Respondent as Postman in pursuance to the examinations conducted on 18.181991 within two months.
(3.) SHRI Subodh Kumar submits that the application was grossly barred by limitation as provided in the Administrative Tribunals Act, 1985 and that in any case since the Respondent, being at serial No. 12 in the merit list the direction could not be issued by the Tribunals to appoint him.;