Union of India & Ors. vs G Ramesh

Court

Supreme Court of India

Date

9 January 2020

Case No.

Civil Appeal No. 140 Of 2020

Result

Allowed

Bench

D.Y. Chandrachud, Hrishikesh Roy

Citation

[2020] 4 S.C.R. 476 : 2020 INSC 24

Headnote

Service Law – Appointment – 2013 notification inviting applications for conducting departmental examination to the cadre of postman – Candidate selected and duly appointed, but was later dismissed from service for having obtained selection by fraudulent means – Respondent, second in the order of merit, made representation in terms of the direction passed on his Original Application (OA) filed before the Central Administrative Tribunal, Hyderabad – Representation rejected – On being moved afresh, the Tribunal held that upon the dismissal of the candidate who was selected and appointed, the respondent had right to be appointed as postman– Order affirmed by the High Court while dismissing the writ petition of the appellants – On appeal, held: Once a candidate had been selected upon the conclusion of the selection process and was appointed to the post, the Select List stood exhausted – There was one vacancy – Subsequent dismissal from service of the appointed candidate in 2016 would not either revive the Select List or result in the appointment of the respondent – Impugned order of the High Court set aside – Consequently, the OA filed by the respondent seeking appointment to the post of postman also stands dismissed. Allowing the appeal, the Court

HELD 1.1 Once a candidate had been selected upon the conclusion of the selection process and was appointed to the post, the Select List stood exhausted. There was one vacancy. The subsequent dismissal from service of the appointed candidate in 2016 would not either revive the Select List or result in the appointment of the respondent. The impugned judgment and order of the High Court is set aside. In consequence, the Original Application filed by the respondent seeking appointment to the post of postman shall stand dismissed. [Paras 7, 9][479-A, D]

Thrissur District Co-operative Bank Limited v Delson Davis P 2002 (2) SLR 410:2002( 2 ) JT 329 – relied on.

The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, J. 1. Delay condoned. 2. Leave granted. 3. This appeal arises from a judgment and order of a Division Bench of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh dated 8 February 2018. 4. The Superintendent of Post Offices, Hanamkonda issued a notification on 4 November 2013 inviting applications for conducting a departmental examination to the cadre of postman. The result of the examination was declared on 20 December 2013. A candidate by the name of G Vijender was declared to b

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