The requirement for a certificate of other income prior to appointment was not stipulated in the notification, and thus the tribunal erroneously quashed the selection of the petitioner based on that condition.

JUDGMENT :

B.R. SARANGI, J.

1. The petitioner, by means of this writ petition, seeks to quash the order dated 12.01.2015 passed in O.A. No.260/00502 of 2012 under Annexure-3, by which the Central Administrative Tribunal, Cuttack Bench, Cuttack has set aside the selection of the petitioner as Grama Daka Sevak Branch Post Master (GDSBPM) of Khatkhatia Branch Post Office and directed opposite party no.3 to consider the candidature of opposite party no.4 vis-à-vis others to the post of GDSBPM, and further to quash the consequential order dated 17.08.2015 under Annexure-5, by which opposite party no.3, in compliance of Annexure-3, has quashed the selection of the petitioner as GDSBPM, Khatkhatia Branch Post Office in account with Baghiabahal SO issued vide office letter no.APP/ED/GDS/A-80 dated 27.04.2012.

2. The factual matrix of the case, in brief, is that the post of GDSBPM of Khatkhatia Branch Post Office in account with Baghiabahal Sub-Post Office fell vacant due to retirement of the regular incumbent and in order to fill up the said vacancy, notification was issued on 23.11.2011 to the District Employment Officer, Boudh to sponsor the names of the candidates, besides issuing local open notification inviting applications from open field candidates fixing the last date of receipt of application as 22.12.2011. In the said notification, it was specifically mentioned that the post was offered to the candidate from the UR community and in case minimum required number of three candidates of the said community are not available the vacancy will go to the other community candidate in the order of OBC, ST and SC.

2.1. The employment exchange did not sponsor any name, but fifteen applications were received in response to the notification, out of which applications of three candidates were received beyond the due date and, accordingly, their cases could not be taken into consideration. Out of the remaining twelve candidates, opposite party no.4 was found to have secured the highest mark in the matriculation examination but discrepancy was found in his application inasmuch he failed to submit the undertaking regarding his other source of income as stipulated in para 4(ii) & 6(6) of the notification. So also in column no.9 of the application, opposite party no.4 had mentioned ‘Nil’ against the column ‘other source of income' and also left column 10(a) to (e) ‘blank'. It was further stated that as per para 3.2 of the letter dated 17.09.2003 of the G.I Deptt. of Posts 'As GDS is a part time employee, a candidate applying for any category of GDS will have to supplement his income from other employment sources so as to have adequate means of livelihood to support himself and his family'. As opposite party no.4 applied for the post of GDSBPM, he should have income from other sources to maintain his livelihood. But, since in the accompanying document he mentioned that he had no other source of income, his candidature was not considered. As he did not fill up the columns against 10(a),(b),(d) & (e), as per conditions stipulated in para 8 of the notification, his candidature was rejected.

2.2. The petitioner, being the next highest scorer in matriculation examination and her application form being filled up properly, was selected and was issued with the appointment letter to join in the post of GDSBPM of Khatkhatia Branch Post Office. She was also directed to join the training for the said post, pursuant to which she joined in the post and also undergone theoretical training from 29.05.2012 to 30.05.2012 and practical training from 31.05.2012 to 01.06.2015. After