##PAGE1##

CENTRAL ADMINISTRATIVE TRIBUNAL

LUCKNOW BENCH

Original Application No. 332/00123/2016

This, the 12^th day of May, 2026

HON’BLE MR. JUSTICE ANIL KUMAR OJHA, MEMBER (J),

HON’BLE MR. PANKAJ KUMAR, MEMBER (A)

Kumari Sharmila Yadav, aged about 27 years, D/o Shri

Daya Ram, Address:- L-III-37, Pragati Puram Colony, Raebareilly.

..Applicant

By Advocate: Shri Praveen Kumar.

VERSUS

1. Union of India through the Chief Post Master General, UP

Circle, Lucknow.

2. The Directorate of Postal Services (Headquarters),

Hazratganj, Lucknow in the office of Chief Post Master

General, UP Circle, Lucknow.

3. The Superintendent of Post Offices, District- Raebareli.

…..Respondents

By Advocate: Ms. Prayagmati Gupta.

O R D E R

PER HON’BLE JUSTICE ANIL KUMAR OJHA, MEMBER (J)

Heard learned counsel for the applicant, learned counsel for

the respondents and perused the records.

2. Through this OA, applicant has prayed for the following

reliefs:

“1. To quash the memo no. B/Corr-4/O.S./CH-II dated 23.02.2016

and memo no. B/Corr-53/2015 dated 23.02.2016, contained as

Annexure no. A-1 & A-2 to this OA, with all consequential benefits.

2. To continue to pay the benefits on the basis of terms of

appointment order with all consequential benefits.

3. Any other relief, which this Hon’ble Tribunal may deem fit, just and

proper under the circumstances of the case, may also be passed.

4. Cost of the present case.”

3. Tersely put, the case of the applicant is that Respondent

Department issued a notification for filling of the post of Postal

Assistant. Two vacancies, one for General and one for SC category

Page 1 of 5

were notified for recruitment in Raebareli Postal Division.

Applicant alongwith others applied for the said post and after short

listing against a vacancy ten candidates were called. Two separate

lists were prepared, one for General category and other for SC. The

lowest point secured by the person figured in the General category

was 31.6%. The applicant had secured 31.84%, therefore, her

name figured in the list. Two other persons Atul Kumar & Kamal

Kumar enclosing scheduled caste certificate with application

applied for scheduled caste quota.

Since, the applicant was placed next to Atul Kumar, due to

illegal placement of Atul Kumar as General candidate, hence, she

approached this Tribunal by filing OA No. 450 of 2008. This

Tribunal allowed the aforesaid O.A. and quashed the order dated

14.11.2008. At the admission stage, interim relief was granted with

stipulation that selection in question shall be subject to outcome of

the OA.

The aforesaid order was challenged by the respondents

before the High Court in Writ Petition No. 1648 of 2015 (SB), which

was dismissed vide order dated 27.10.2015. Respondents in

compliance of the judgment, cancelled the previous result and

another order was passed including the name of the applicant in

the panel. Applicant was asked to fulfill the requirement.

Respondents issued an order sending the applicant for two weeks

brief in house training in PA cadre direct quota.

After completion of proceedings, the applicant was appointed

vide order dated 12/14.01.2016. By means of the said order, the

applicant has been granted the notional pay fixation etc. In view of

the fact that Atul Kumar has already been allowed to join though

he belonged to very same panel. In pursuance of the appointment

order dated 12/14.01.2016, applicant also joined as Postal

Assistant. The SPO, Raebareli issued an order dated 23.02.2016

terming it to be a corrigendum but the benefits granted by means

of previous appointment order issued to the applicant on

12/14.01.2016 were sought to be altered and seniority assigned

alongwith notional pay fixation w.e.f. 23.12.2008 was also sought

to be taken away without putting the applicant to notice.

Page 2 of 5

Hence, this O.A.

4. Respondents, by filing their counter affidavit, have, inter-

alia, stated that as per notification in the year 2008, Atul Kumar

and Kamal Kumar were selected in Postal Assistant cadre. Atul

Kumar was selected as OC candidate securing hi