- (1.) In this writ application a prayer has been made to set aside the judgement and order of the Central Administrative Tribunal, Allahabad Bench, Allahabad dated 5.10.2010 in Original Application No. 888 of 2009 as well as the order dated 17th January, 2011 passed in Review Application No. 77 of 2010 arising out of the above original application. Before the Tribunal, the present petitioners were respondents and the respondent was the applicant.
(2.) The petitioner No. 2 issued a Notification on 24.5.1991 inviting applications from Extra Departmental Delivery Agents (EDDA) to appear in examination for promotion to the post of Postman. In pursuance of the said Notification, the said respondent appeared in the examination on 18.8.1991 with several candidates. While the matter stood thus, the Chief Post Master General, U.P. Circle at Lucknow issued an order dated 27.7.1992 informing the Director Postal Services, Kanpur that the examination held on 18.8.1991 in Banda and Fatehpur Devision may be cancelled. The said order passed by the Chief Post Master General dated 27.6.1992 was challenged before the Tribunal in Original Application No. 546 of 1992. This Original Application was filed by five persons including one Jagmohan Yadav. Original Application No. 546 of 1992 was decided on 5.2.1997 and the Tribunal in its judgement set aside the direction issued by the Chief Post Master General dated 27.7.1992 and directed for publication of the result of all successful candidates to be appointed against seventeen vacancies available in Kanpur Head Post Office as per the Rules. The petitioners who were respondents in Original Application No. 546 of 1992 filed a Review Application bearing No. 33 of 1997 against the said order of the Tribunal dated 5.2.1997. The Review Application was dismissed on 31.7.2000 by the Tribunal. The said Jagmohan Yadav and four others who had filed O.A. No. 546 of 1992 filed a Contempt Application bearing No. 135 of 2002 before the Tribunal for non-compliance of the directions contained in the order dated 5.2.1997 passed in O.A. No. 546 of 1992. The said Contempt Application was dismissed holding that the order had been complied with. The said Jagmohan and four others not being satisfied with the order passed by the Tribunal on 24.11.2003, in Contempt Application No. 135 of 2002, filed Civil Misc. Writ Petition No. 12990 of 2004 before this Court. This Court allowed the writ petition on 31.1.2004, set aside the order dated 24.11.2003 passed in the above Contempt Application and remitted the matter back to the Tribunal for hearing it afresh. The Contempt Application was decided on 3.11.2006 and promotion was given to the said Jagmohan Yadav as a Postman.
(3.) The respondent in this writ petition, who had also appeared in the examination submitted a representation on 2.7.2007 claiming that he had appeared in the examination and having succeeded in the examination should also be given appointment as Postman. The petitioners informed him that he was not a party in O.A. No. 546 of 1992, therefore, his result was not declared and accordingly his claim for being appointed as Postman cannot be considered. The representation of the respondent was rejected. The respondent thereafter obtained the marksheet under the Right to Information Act, 2005 and found that he had secured 127.5 marks in the examination whereas the said Jagmohan Yadav had got 125 marks out of 150 marks. Rest of the four candidates, who were applicants in Original Application No. 546 of 1992 had also secured much less marks than him. The respondent also found that he had secured 12th position in the merit list and as against 17 vacancies available at Kanpur Head Post Office, he could be appointed as a Postman. Such benefit having been denied to him on the ground that he was not an applicant in Original Application No. 546 of 1992, the respondent filed O.A. No. 888 of 2009 before the Tribunal, out of which, this writ application arises. The petitioners contested the case before the Tribunal and submitted that after declaration of result, all the posts for which Notification had been issued were filled up. However, in order to comply with the directions of the Tribunal in Original Application No. 546 of 1992, only Jagmohan Yadav was appointed as a Postman.;