- (1.) This writ petition is directed against the judgment dated 23.07.2004, passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (for short, 'the Tribunal'), by which it allowed the Original Application, and while setting aside the order dated 17.04.2003, rejecting the representation of Shri Madan Mohan Gupta, it directed the respondents to consider his case for appointment as Gramin Dak Sevak Branch Postmaster, Bagor, within one month, with further direction that in case he is selected, the competent authority will give him an offer of appointment, after which he will be given a reasonable opportunity to submit the proof of income/property, as per the rules/instructions on the subject, and if he fails to submit the same within the reasonable time, the offer may be given to the next eligible/selected candidate.
(2.) The counsel for Shri Madan Mohan Gupta-respondent No.4, claimant, who had succeeded in the Central Administrative Tribunal, is not present.
(3.) Brief facts giving rise to this writ petition are that an advertisement was issued inviting applications for appointment as Extra Departmental Branch Postmaster (EDBPM) at Bagor, in pursuance to which, both, the petitioner as well as Shri Madan Mohan Gupta, applied for consideration of their candidature. Shri Madan Mohan Gupta had secured 77.90% marks in the Secondary Examination which is the qualification prescribed, whereas respondent No.4-Shri Rajendra Kumar Gupta, petitioner before us, had secured 51.73% marks. Shri Madan Mohan Gupta was not found eligible, as he failed to fulfill the eligibility condition of an alternate source of income, preferably independently derived from movable or immovable property.;