(Open Court)

Central Administrative Tribunal Allahabad Bench, Allahabad ****

Original Application No.182 of 2012 This the 22^nd Day of January, 2026.

Hon’ble Mr. Rajnish Kumar Rai, Member (J)

Hon’ble Ms. Manju Pandey, Member (A)

Satish Kumar Son of Shri Shankar Singh aged about 30 years Resident of Village & Post Kheri Dadri, Ghaziabad.

..Applicants By Advocate: Shri Sunil, holding brief of Shri Ashish Srivastava Versus

1. Union of India through Secretary Ministry of Post and Telecommunication Department of Post New Delhi.

2. Superintendent of Post Offices, Ghaziabad Division Ghaziabad.

3. Gayetri Prasad Singh Son of Sri Ram Avadh Singh Resident of 267 Bandana Vihar, Khora Colony, Ghaziabad. Presently working as GDS BPM, Kheri Bhanauata, Branch Post Office, Ghaziabad Division.

.......Respondents By Advocate: Shri Krishna Kumar Ojha

ORDER

By Hon’ble Mr. Rajnish Kumar Rai, Member (J)

Heard Shri Sunil holding brief of Shri Ashish Srivastava, counsel for the applicant and Shri Krishna Kumar Ojha, counsel for the respondents.

2. The applicant has filed this Original Application under section 19 of the Administrative Tribunal Act, 1985, for seeking the following relief(s):-

“8(i) This Hon’ble Tribunal may be pleased to quash the appointment letter dated 04.11.2008 issued in favour of the respondent no.3 appointing him as GDS BPM, Kheri Bhanauta.

(ii) This Hon’ble Tribunal may be pleased to direct the respondent no.2 to appoint the applicant as GDS BPM, Kheri Bhanauta.

(iii) This Hon’ble Tribunal may be pleased to direct the respondent to recover the entire payment of salary paid to the respondent No.3 pursuant to his illegal appointment.

(iv) This Hon’ble Tribunal may be pleased to direct the respondents to comply with the order dated 02.11.2011 by Vigilance Officer to review the entire appointment made during July, 2007 to Feb. 2010 and the person guilty thereof be punished drastically, so that the other officials indulged in the illegal practice may dare to perform such action.

(v) Any other relief, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicant.

(vi) Award the costs of the original application in favour of the applicant.”

3. Brief facts of the case as stated by the applicant that this Original application has been filed for appointment to the post of GDS BPM, kheri Bhanauta, Branch Post office, Ghaziabad. Challenging the order of appointment dated 4.11.2008 issued in favour of respondent no.3, nemaly, Gayatri Prasad Singh.

4. Learned counsel for the applicant submitted that in pursuance to the notification dated 5.06.2008 filling the post of GDS Branch Post Master, kheri Bhanauta Branch Post Office, Ghaziabad. The applicant has applied for the post of GDS along with other candidates and the candidature of the applicant was considered on the basis of High School mark sheet, having scored 330 out of 600. He further submitted that appointment order was issued in favour of respondent no.3 on the basis of higher marks i.e., 353 out of 600 on the basis of declaration given in the High School mark sheet. He further submitted that the Respondent no.3 has filed two different applications dated 30.06.2008, one was received by the respondent on 01.07.2008 and another was received by the Department on 04.07.2008. It is submitted that in both applications signed by the respondents no.3 itself, wherein, he has declared, High School passed in the year 1999, obtained 53.6% (322/600). In another application, he has declared High School passed in the year 2006 in which, obtained 58.83%, (353/600). Counsel for the applicant submitted that the appointment was given to the respondent no.3 on the basis of declaration given by him with regard to passing of high school examination in the year 2006 wherein, respondent no 3 has obtained 353 marks out of 600. He further submitted, in the rejoinder he has filed one RTI information dated 25.08.2012 wherein, the Deputy Secretary, Right to Information Ce