Lalan Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4963 of 2022 ====================================================== Lalan Kumar S/O - Late Janardan Prasad Yadav R/O - Village and Post - Mokana - Garh Baruari, P.S. - Bihara, District- Saharsa, PIN 852110. ... ... Petitioner/s

Versus

1.

The Union of India Through the Secretary Cum - D.G. Government of India, Ministry of Communication and IT department of Post, Dak Bahawan, New Delhi - 110001.

2.

The Chief Post Master General, Bihar Circle, Patna, 800001. 3.

The Post Master General, East Region, Bhagalpur at Patna, PIN 800001. 4.

The Superintendent of Post Office Saharsa Division, Saharsa, PIN 852124. 5.

The Asstt. Superintendent of Post Office, Supaul, Sub- Division Supaul, PIN - 852130.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Jha, Advocate For the Respondent/s :

Mr. Rakesh Kumar Sinha, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 20-06-2022 In the instant petition petitioner has assailed the order dated 06.08.2021 passed in O.A. No. 050/00374/2021, by the Central Administrative Tribunal, Patna Bench, Patna. Petitioner's grievance is to consider the claim of his appointment to the post of GDS MD/MC, Lawkaha or against any GDS post in Saharsa Postal Division. Such a claim is with reference to the fact that petitioner had discharged duties of the post of GDS MD/MC in the year 2002 till July, 2004, pursuant to the advertisement dated 27.02.2021 to the aforesaid post. Petitioner intends to have preferential treatment with reference to

Patna High Court CWJC No.4963 of 2022 dt.20-06-2022 2/2 the fact that the petitioner has worked for two years during the period from 2002 to 2004. Such relief has been turned down by the tribunal. Thus, the petitioner has presented this petition. Learned counsel for the petitioner could not apprise this Court under which provision of law he is entitled to any relaxation or preferential treatment merely he had discharged duties of the post of GDS, Lowkaha during the period from 26.12.2002 till July, 2004. In the absence of right created under any provision of law/ guidelines/ executive orders issued by the respondent, petitioner is not entitled to seeking direction to consider his claim for appointment to the post of GDS with reference to the Advertisement issued on 27.02.2021. Thus, the petitioner has not made out a prima facie case so as to interfere with the order passed by the Central Administrative Tribunal, Patna Bench, Patna dated 06.08.2021 passed in O.A. No. 050/00374/2021.

Accordingly, the present petition stands dismissed. (P. B. Bajanthri, J) ( Rajiv Roy, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 24.06.2022 Transmission Date