ANIL DEV SINGH, J. - (1.) This writ petition challenges the order of the Central Administrative Tribunal, Jodhpur Bench dated 3rd May, 2002 by virtue of which original application of the petitioner has been dismissed.
(2.) The facts giving rise to this petition are as follows : On 12th June 1997, the petitioner was given charge of the post of E.D.S.P.M (Extra Departmental Sub Post Master), Sobhasar pending final selection of a candidate for the same. On 4th October, 1997, an advertisement was issued for filling up the post of EDSPM on permanent basis. Pursuant to the advertisement, the petitioner applied for the post. On 8/17 July 1998 the petitioner was selected and appointed to the post with effect from 20th October, 1998. Later, the first respondent directed the petitioner to join as EDMC (Extra-departmental Mail Carrier), a lower post on the ground that the vacancy in the post of EDSPM which was caused by the dismissal of the fourth respondent was not available since the fourth respondent had been reinstated. The petitioner not being satisfied with the action of the first respondent, filed an Original Application before the Tribunal seeking relief of appointment to the post of EDSPM. The Tribunal rejected the application for the reason that no vacancy in respect of the post of EDSPM existed since the fourth respondent had to be accommodated against that post after his reinstatement. The petitioner being aggrieved by the order of the Tribunal has filed the instant writ petition.
(3.) We have heard learned counsel for the parties.;