B.S. Chauhan, J. - (1.) This petition has been filed for quashing the judgment and order dated 22.01.2002 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter called the 'Tribunal') in Original Application No. 68 of 1998 by which the Application of the respondent No. 6 has been allowed and a direction has been issued to cancel the order of appointment of the petitioner (respondent No. 5 before the Tribunal) and restore the applicant to the post of Extra Departmental Branch Post Master (hereinafter called the 'EDBPM').
(2.) Pursuant to the advertisement issued for appointment of EDBPM, the petitioner along with others submitted applications. The application filed by the petitioner was not considered on the ground that it had been submitted on 6th November, 1995 after the expiry of the last date of submission of the application forms which was indicated as 5th November, 1995. An appointment letter was issued in favour of Shri Prem Chand (respondent No. 6) on 08.07.1996. As the claim of the petitioner had been ignored, he filed a representation/complaint before the Chief Post Master General, U.R. Circle, Lucknow who, after examining the matter, directed the Post Master General, Gorakhpur Region, Gorakhpur to consider the application filed by the petitioner in accordance with Rules. Thereafter, the appointment letter issued in favour of Prem Chand was cancelled and an appointment letter was issued in favour of the petitioner. This compelled Shri Prem Chand to file an Application before the Tribunal, which has been allowed by judgment and order dated 22.01.2002.
(3.) The Tribunal has held that though the application could have been filed on 6th Novemoer, 1995 since 4th and 5th November, 1995 were holidays but since the eligibility certificate was issued on 6th November, 1995, the same could not have been considered and, therefore, the application filed by Shah Alam, the petitioner, could not have been entertained. The Tribunal further found that the Senior Superintendent of Post Offices, Azamgarh acted on the directions of the Post Master General, Gorakhpur while cancelling the appointment of Prem Chand and giving appointment to Shah Alam and therefore his discretion had been impinged. Under these circumstances, the application filed by Prem Chand was allowed.;