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2021 Supreme(Ori) 480

S.K.MISHRA, SAVITRI RATHO
Kshiroda Prasad Nayak – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Mr. Sanjib Mohanty, B.Biswal, P.K.Harichanda & A Parija, for the Appellant; Mr. Prasanmna Kumar Parhi, Asg, and Mr. Chandrakanta Pradhan, Cgc, for the Respondent.

JUDGMENT

1. In this writ petition , the Petitioner assails the correctness of the judgment dated 22nd January, 2019 delivered by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.260/773/2015 rejecting the application of the Petitioner for a direction to appoint him as Gramina Dak Sevak Mail deliverer/MC, Kanbageri Block under G. Udayagari.

2. The facts of the case are not disputed. The Petitioner was a candidate for the post of Gramina Dak Sevak Mail Deliverer (in short GDSMD), Kanbageri B.O., under G. Udayagairi Sub-division Office. He along with others applied for selection of the aforesaid post. Another candidate secured the first position. The said candidate, who had secured first position joined the post. However, after some time he resigned and thereafter the Petitioner was called upon to produce the original documents for verification. At that time, the Opposite Party No.4 received an instruction from the Higher Authority not to proceed with the appointment of the present Petitioner. Hence he did not issue a letter of appointment.

3. Learned Central Administrative Tribunal, Cuttack Bench, Cuttack held that the action of the Opposite Party No.4 in issuing a

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