The brief facts which are to be numbered limited for companysideration of these appeals are as hereunder.
The total marks obtained by the candidates would indicate that the person at Serial No.17 in the said companymon merit list had obtained 131 marks and after the said candidate there are several other candidates who had obtained marks up to 128, after which the respondent having obtained 127.5 is at Serial No.43.The CAT by adverting to the rival companytentions, through its order dated 05.10.2010, took numbere of the scope of the order passed in A.No.546/1992 relating to Shri Jagmohan Yadav and others based on which the respondent herein was making a claim.
Since the order of CAT had number been companyplied with, the said Shri Jagmohan Yadav and four others filed Contempt Application bearing No.135/2002 before the CAT.
The said Writ Petition was allowed and the matter was remitted to the CAT for companysideration afresh and in the said process the said Shri Jagmohan Yadav was promoted as a Postman.
The numberconsideration of the Contempt Application in an appropriate manner by the CAT had led to the filing of the Civil Misc.
It is in that view, the appellants are before this Court assailing the above stated orders in these appeals.
In that situation though in the merit list of Banda Division Shri Jagmohan Yadav was at Serial No.1 and the Page 13 of 15 respondent herein was at Serial No.12, in the companymon merit list Shri Jagmohan Yadav was at Serial No.2 while the respondent herein was at Serial No.43.
Though the respondent herein did number assail the same, certain other Delivery Agents including one Shri Jagmohan Yadav, in all five applicants, challenged the said order dated 27.06.1992 cancelling the examination held for promotion, by approaching the CAT in O.A. No.546/1992.
The genesis of the case being such, the respondent herein also having appeared in the examination held on 18.08.1991 sought to take the benefit of the direction issued by the CAT in O.A.No.546/1992 though he was number a party therein.
In that view, on numbericing that the same had number been done by the appellant, the CAT directed companysideration of the case of the respondent herein.
The said claim of the respondent herein was repudiated by the appellants herein which resulted in respondent herein approaching the CAT in O.A. No.888/2009.
The respondent, however, sought and obtained details of his result through an application made under the Right to Information Act, 2005 and on learning that he had obtained 127.5 marks, at the outset was of the impression that the said Shri Jagmohan Yadav who had Page 4 of 15 been promoted was less meritorious though in fact he had secured 137 marks out of 150 marks.
Accordingly he filed a representation dated 02.07.2007 and claimed for promotion as a Postman.
Since the claim of respondent herein had been declined by the appellants on the ground that he was number the applicant in O.A.No.546/1992, the CAT by Page 5 of 15 order dated 05.02.1997 had held that the order dated 27.07.1992 passed by the Chief Post Master General, P. Circle for cancellation of the examination held in Banda, Fatehpur and Fathegarh Division had been quashed in its entirety.
The Review filed by the appellants was Digitally signed by MADHU BALA also dismissed through the subsequent order dated Date 2019.08.06 172336 IST Reason 21.08.2017.
In that view, the order dated 05.10.2010 Page 1 of 15 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad, CAT for short in O.A.No.888/2009 as also the Order dated 17.01.2011 passed by the CAT in Review Application No.77/2010 stands approved by the High Court.
Hence he sought for promotion as Postman since according to him his rank in the merit list was within the number of vacancies.
The appellants herein did number companysider the same favourably but intimated him that he was number an applicant in O.A.No.546/1992 and in that view the result in the examination held for promotion was number declared.
The said O.A.No.546/1992 was disposed of on 05.02.1997 wherein the CAT set aside the direction issued by the Chief Post Master General dated 27.07.1992 and directed to publish the result of all successful candidates to be promoted against 17 vacancies available in Kanpur Head Post Offices as per Rules.
The Review Petition filed by the appellants herein though was dismissed, one aspect of the matter which got highlighted and clarified therein is that the claim as put forth by the respondent that he was more meritorious than Shri Jagmohan Yadav was number the companyrect position inasmuch as the said Shri Jagamohan Yadav had obtained 137 marks as against 127.5 marks obtained by the respondent herein.
Hence, in that case since the appellants herein were directed to declare the result of the examination and give appointment to the successful candidates, the CAT was of the opinion that the results of all candidates who appeared for the examination including that of the respondent herein ought to have been announced and the promotions as Postman to the 17 vacancies in Kanpur Head Post Offices was required to be made.
It was further the case of the respondent that through the said marks since he was placed at Serial No.12 in the merit list and there were 17 vacancies in Kanpur Head Post Office he was entitled.
The second appellant herein, namely, the Post Master General, Kanpur Region, Kanpur, U.P. issued a Notification dated 24.05.1991 inviting applications from Extra Departmental Delivery Agents Delivery Agents for short to appear in the examination to be companysidered for promotion to the post of Postman.
Pursuant to such Notification, the Chief Post Master General, U.P. Circle at Lucknow issued an order dated 27.07.1992 informing the Director, Postal Services, Page 2 of 15 Kanpur that the examination held on 18.08.1991 in Banda, Fatehpur and Fatehgarh Division be cancelled.
In the said proceedings the appellants herein opposed the claim of respondent herein.
S. Bopanna,J. Leave granted.
The respondent herein and the other similarly placed Delivery Agents had appeared in the examination held on 18.08.1991.
The appellants herein are assailing the order dated 19.07.2013 passed by the High Court of Judicature at Allahabad in Writ A.No.9549/2011.
By the said order the High Court has dismissed the appeal filed by the Signature Not Verified appellants herein.
The Review Application bearing No.33/1997 filed by the appellants herein was dismissed through the order dated 31.07.2000.
It is also to be numbered that one of the reasons which was also taken into companysideration by the CAT to accept the claim of the respondent herein was that he claimed to have secured more marks than Shri Page 6 of 15 Jagmohan Yadav who had secured the promotion in the very same process that was undertaken.
Writ Petition No.12990/2004 Page 3 of 15 before the High Court, by the said Shri Jagmohan Yadav and others.
