Union Of India Rep. By The Chief Postinaster General, v. Md. Khaja

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.12140 of 2016 13.04.2016 Between:

Union of India, represented by its Chief Post Master General, Hyderabad and others ..Petitioners And Md.Khaja and another ..Respondents Counsel for the petitioners: Mr.B.Narayana Reddy, Assistant Solicitor General Counsel for the respondents: -- The Court made the following:

ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This is an unnecessary piece of litigation instituted by the Union of India and the functionaries of Postal Department against an order passed by the Central Administrative Tribunal, Hyderabad Branch, Hyderabad - respondent No.2 (for short 'the Tribunal'), which has merely directed them to consider the case of respondent No.1 for selection and appointment either as Postman or under Group-D as per Rules. From the order of the Tribunal, we do not find any mandate issued to the petitioners that they should necessarily appoint respondent No.1 to either of the abovementioned posts. When a direction was issued to the petitioners only to consider the case of respondent No.1, leaving them with the discretion either to appoint or not to appoint him, which is clearly implied from the order of the Tribunal, we do not find any justification whatsoever for the petitioners to file this writ petition.

Hence, the Writ Petition is dismissed.

As a sequel to dismissal of the writ petition, W.P.M.P.No.15222 of 2016 filed by the petitioners for interim relief shall stand dismissed as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J _____________________ M.S.K.JAISWAL, J 13th April, 2016 GHN