SUNIL KUMAR S/O SHIV PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT, an extra departmental stamp vendor (EDSV, for short), impugns an action of respondents, whereby his services have been terminated without communicating him an order but publishing it in the newspaper on 26.4.2003. Reinstatement with all consequential benefits has been sought.

(2.) A post of EDSV fell vacant at Sarai Labaria, Aligarh due to promotion of the incumbent and accordingly applicant was engaged on 7.4.1999 on provisional basis having fulfilled all the qualifications. In order to regularize the appointment, a requisition was sent to the Employment Exchange. Applicant has also submitted his candidature. On an enquiry applicant was selected for the post on 28.9.1999 and on completion of all formalities he had been working w.e.f. 7.4.1999. A memorandum dated 29.1.2003 declared applicant as surplus from the post which resulted in his relieving. He was also asked to work as GDS Packer in D.S. College sub Post Office. It transpired that due to less marks in matriculation, which is a preferential qualification, applicant was terminated from service.

(3.) SHRI Sharma has also stated that whereas the qualification for the post of EDSV is 8th passed and only preference is to be given to the matriculates, applicant having secured highest marks in 8th standard and having matriculate, should have been regularized in the post.