om:16-cl-2019-Feb — Application in O.A. No. 040/00420/2014 is filed by Smt. Rehena Begum and Applicant, namely Shri Saptarshi Bhattacharjee had filed Miscellaneous Application O.A. No. 040/00002/2016, both praying for appointment for the post of Gramin Dak Sevak, Cachar District. From the order of the Tribunal, it is evident that the appointment of Smt. Rehena Begum is in order as she is the only candidate who fulfilled the required terms and conditions and obtained 51.5% even though others could have obtain
Original Rule Text
Application in O.A. No. 040/00420/2014 is filed by Smt. Rehena Begum and Applicant, namely Shri Saptarshi Bhattacharjee had filed Miscellaneous Application O.A. No. 040/00002/2016, both praying for appointment for the post of Gramin Dak Sevak, Cachar District. From the order of the Tribunal, it is evident that the appointment of Smt. Rehena Begum is in order as she is the only candidate who fulfilled the required terms and conditions and obtained 51.5% even though others could have obtained more % of marks. Hence the impugned letter, dated 14-11-2014 by which Smt. Rehena Begum is appointed is in order — This chunk is part of a legal case decision, discussing an order allowing the appointment of Smt. Rehena Begum as Gramin Dak Sevak in Cachar District despite her securing lower marks than other candi... — Facts: The O.A. No. 040/00420 of 2014 is filed by Smt. Rahena Begum and the Miscellaneous Application 040/00002/2016 is filed by Shri Saptarshi Bhattacharjee. Respondents in both the cases are same, namely CPMG, Assam Circle, Guwahati and others.
Advertisement was issued on 22-7-2010 inviting applications for the post of Gramin Dak Sevak, Cachar District, Silchar for which 20 candidates applied. After checking the required documents, selection committee recommended the Applicant herein who was selected and shifted her residence to Kanakpur East where the Post Office is located and made arrangements to run the Post Office. She was discharging her duties and responsibilities to the satisifaction of her superiors.
On 14-11-2014, the Respondents on the ground of her securing only 51.5% marks whereas Saptarshi Bhattacharjee had secured 60.5% in the HSLC examination and one Smt. Sajuli Bala Barman had secured 55.4% marks, issued notice to the Applicant to cancel her engagement.
Notice, dated 17-12-2014 issued to the Applicant and the impugned letter, dated 14-11-2014 was stayed by the Tribunal with liberty to Respondents to seek interim order of alteration of stay.
In spite of repeated notice, no reply was filed by the Respondents in this case.
In view of the above position, the case was heard wherein Additional CGSC appeared for Respondents. Records were shown of the Respondents.
Apart from the above cases, Saptarshi Bhattacharjee had also filed an O.A. No. 199 of 2011 challenging the appointment of present Applicant which was disposed of directing the Respondents to dispose of the representation in that case. That representation was disposed of wherein it was said that 20 candidates applied for the said post wherein only Smt. Rehena Begum who secured 51.5% was the only candidate who fulfilled all required terms and conditions expressly mentioned in the advertisement. That relevant paragraph is reproduced in the judgment.