Ramesh Chandra Behera and Bhagirathi Das and Dillip Kumar Sahu V. Union of India represented through Secretary, Department of Posts and Chief Post Master General Odisha Circle and Post Master General Berhampur Region and Senior Superintendent of Post Offices Berhampur Division and Assistant Superintendent of Posts Chhatrapur Sub-Division and Miss Sunita Sethi GDS MD, Sankuda Branch Office and Rakesh Kumar Sahu GDS MC, Paladhuapali Branch Office

WP(C)/35330/2020

AI Insights

The case involves a writ petition filed by Ramesh Chandra Behera, Bhagirathi Das, and Dillip Kumar Sahu, who were applicants for the post of Gramin Dak Sevak, Mail Deliverer at Karapada Branch Post Office, Ganjam. They challenged the order of the Central Administrative Tribunal, which had dismissed their application seeking to quash the cancellation of the recruitment process for the said post. The Tribunal had found the application to be barred by limitation and devoid of merit, noting that the recruitment process was cancelled due to non-completion by the cut-off date as per the revised selection process guidelines. The petitioners argued that there was mala fide intention in not considering their applications, which the court found unsubstantiated.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 695110 (HC-CUTTACK)
• Appeal Type: Others
• Pronouncement Date: 30-11-2023
• Assessment Year: misc
• Other Referred Cases: Union of India Vrs. Ashok Kumar, State of Haryana Vrs. Rattan Singh, M.V. Bijlani Vrs. Union of India, State of Karnataka Vrs. N. Gangaraj, State of Andhra Pradesh Vrs. S. Sree Rama Rao, B.C. Chaturvedi Vrs. Union of India, General Manager (Operations), State Bank of India Vrs. R. Periyasamy, State of Odisha Vrs. Bishnupriya Routray, State of Haryana Vrs. Rattan Singh
• Laws Referred To: Articles 226 and 227 of the Constitution of India, 1950, Administrative Tribunals Act, 1985, Right to Information Act, 2005
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: PRASANNA PARHI; CHANDRAKANTA PRADHAN
• Assessee Lawyers: SUKANTA DALAI; SATYABRATA MAHAPATRA; P N SWAIN
• Keywords: Administrative approval; Delay and laches; Limitation; Mala-fide Intention; Writ of Certiorari; Gramin Dak Sevak; Mail Deliverer
• Section: 19; 226; 21; 227

Judgement Text

" W.P.(C) No.35330 of 2020 Page 1 of 100 ORISSA HIGH COURT : CUTTACK W.P.(C) No.35330 of 2020 In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950 --------------- 1. Ramesh Chandra Behera Aged about 42 years Son of Late Duryadhan Behera At: Subalaya, P.O.: H.Burudi Via: Humma – 761 027 District: Ganjam 2. Bhagirathi Das Aged about 32 years Son of Yudhistir Das At: Bhagirathipur, P.O.: Rukunigaon, P.S.: Chhatrapur, District: Ganjam 3. Dillip Kumar Sahu Aged about 37 years Son of Udayanath Sahu At/P.O.: Munispenth P.S.: Chhatrapur District: Ganjam … Petitioner -VERSUS- 1. Union of India represented through Secretary, Department of Posts Shastri Bhawan, New Delhi 2. Chief Post Master General Odisha Circle, Bhubaneswar At/P.O.: PMG Square, Bhubaneswar District: Khordha W.P.(C) No.35330 of 2020 Page 2 of 100 3. Post Master General Berhampur Region, Berhampur At/P.O.: Berhampur, District: Ganjam 4. Senior Superintendent of Post Offices Berhampur Division, Berhampur At/P.O.: Berhampur, District: Ganjam 5. Assistant Superintendent of Posts Chhatrapur Sub-Division, Chhatrapur At/P.O.: Chhatrapur, District: Ganjam 6. Miss Sunita Sethi GDS MD, Sankuda Branch Office Sankuda, At/P.O.: Sankuda, District: Ganjam 7. Rakesh Kumar Sahu GDS MC, Paladhuapali Branch Office Paladhuapali, At/P.O.: Paladhuapalli District: Ganjam … Opposite parties Counsel appeared for the parties in the writ appeals: For the Petitioner : M/s. Sukanta Kumar Dalai, Satyabrata Mahapatra and P.N. Swain, Advocates For the Opposite parties : Mr. Prasanna Kumar Parhi Deputy Solicitor General of India, Orissa High Court and Mr. Chandrakanta Pradhan, Senior Panel Counsel Government of India for Opposite party Nos.1 to 5. P R E S E N T: THE HONOURABLE ACTING CHIEF JUSTICE DR. B.R. SARANGI AND THE HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 24.11.2023 :: Date of Judgment : 30.11.2023 W.P.(C) No.35330 of 2020 Page 3 of 100 JUDGMENT MURAHARI SRI RAMAN, J.— THE CHALLENGE: Beseeching issue of writ of certiorari invoking provisions of Articles 226 and 227 of the Constitution of India, the petitioners, applicants for the post of Gramin Dak Sevak, Mail Deliverer, Karapada Branch Post Office, Ganjam, questioned the propriety and legality of Order dated 04.06.2020 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.630 of 2018 filed under Section 19 of the Administrative Tribunals Act, 1985, with the following prayer(s):