AFROZ ALAM vs D/o Post

Open Court
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH, ALLAHABAD .
th
(This the 12 day of October, 2026)

Original Application No.904/2015

Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)
Hon’ble Mr. Anjani Nandan Sharan, Member (Administrative)

Afroz Alam S/O Shekh Haroon, Resident of Village Harbaspur,
PO- Madarpur, PS Line Bazar, District JAUNPUR

. …..Applicant

By Advocate: Shri Pramod Kumar Srivastava

V E R S U S

1. Union of India through its Secretary, Ministry of Communication,
Department of Post, Dak Bhawan, Sansad Marg, New Delhi.

2. Chief Post Master General, Department of Post, U.P. Circle,
Lucknow.

3. Post Master General, Allahabad Region, Allahabad.

4. Superintendent of Post Office, Jaunpur Division, Jaunpur.

5. Shiv Sahab Tiwari, S/o Sri Prem Prakash Tiwari,
R/o Gram & Post Damarua via Gulzarganj, District-Kaunpur.

6. Smt. Seema Devi, W/o Sri Santosh Kumar Pathak,
R/o Gram Shahnewajpur, Post-Hauj via Zafarabad, District-Jaunpur.


. . .Respondents
By Advocate: Shri S.C. Mishra
Shri Dilip Kumar Dubey
Shri R.K. Srivastava
O R D E R
By Hon’ble Mr. Anjani Nandan Sharan, Member (Administrative)
Heard Shri Pramod Kumar Srivastava, learned counsel for the
applicant and Shri S.C. Mishra, Shri Dilip Kumar Dubey, as well as Shri
Neelam Kumari Singh

R.K. Srivastava, learned counsel for the respondents at the time of hearing
of the case.

2. This Original Application under Section 19 of the Administrative
Tribunal Act, 1985 seeking the following reliefs:-
“(a) This Hon'ble Tribunal may graciously be pleased to quash
the decision dated 25.02.2015 (Annexure A) passed by the
Respondent no.2 on the representation dated 28.10.2014 filed by
the Applicant.
(b) This Hon'ble Tribunal may further be pleased to direct the
Respondent no.2 to 4 to appoint the Applicant on a vacant post
of Branch Post Master under the Respondent no. 4 in view
representation dated 28.10.2014 of the Applicant (Annexure A-7
to this Original Application).
(c) This Hon'ble Tribunal may further be pleased to pass any
suitable order or direction which this Hon'ble Tribunal may deem
fit and proper under the circumstances of the case.
(d) Allow the Original Application of the Applicant.”
3. The facts as per the Original Application are that the applicant has
applied for the post of Branch Post Master at Jagannathpur and Zafrabad
(Hauz), District Jaunpur, and secured third rank at Jagannathpur and first
rank at Zafrabad in the merit list. The applicant alleged that A.K.
Srivastava, the acting Superintendent of Post Offices, demanded ₹3 lakh
from him for appointment despite his high merit. The applicant’s police
verification report dated 19.02.2014 was received by the concerned
authority on 06.03.2014. However, Shiv Sahab Tiwari, who was ranked
fourth in the merit list at Jagannathpur, was appointed on 20.02.2014, and
Seema Devi, who was ranked seventh at Zafrabad, was appointed on
25.03.2014, ignoring the applicant’s higher merit. The applicant alleged that
false and forged police verification reports were prepared to prevent his
appointment. The applicant obtained relevant documents through RTI
applications and submitted representations to the concerned authorities on
20.03.2014, 21.04.2014, and 28.10.2014, requesting an inquiry and
consideration of his appointment. However, Respondent No. 2 rejected his

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representation by an order dated 25.02.2015, stating that the appointments
were made according to the rules. Aggrieved by this decision, the applicant
approached this Tribunal, seeking quashing of the order dated 25.02.2015
and a direction to the respondents to appoint him to the post of Branch
Post Master. Hence, this Original Application.
4. Learned counsel for the respondents has filed the counter affidavit
on 16.02.2016. In the counter affidavit it is stated that the post of Gramin
Dak Sewak Branch Postmaster (GDS BPM), Hauz Branch, Jaunpur, fell
vacant due to the death of the previous postmaster. An advertisement was
issued to fill the post, and Shri Afroz Alam secured the highest marks
among the applicants with 70.70% in his High School examination. The
candidates ranked second to sixth were unwilling to accept the
appointment, so the applicant’s educational certificates and character and
antecedent reports were verified. The District Magistrate initially reported
his general behaviour as unsatisfactory, while a subsequent police report
found him suitable for the post. Due to discrepancies in the two reports and
the Gram Pradhan’s signatures, a further report was sought, which
revealed that Case Crime No. 344 of 2014 under Section 60 of the Excise
Act had been registered against him. On this basis, the department
considered the applicant unsuitable for appointment and offered the post to
the next eligible candidate, Smt. Seema Devi, who joined on 29.03.2014.
The department also stated that the applicant’s candidature for another
GDS BPM post at Jagannathpur was not considered because he had
already been selected for the post of Gramin Dak Sevak Branch Post
Master, Hauz. The respondents maintained that the recruitment process
was conducted according to departmental rules and regulations. Learned
counsel for the applicant submits that the representation dated Nil has
rightly been rejected by the respondents and the same is liable to be
dismissed.

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5. Learned counsel for the applicant has filed rejoinder affidavit
reiterating the averments made in the original application.

6. We have considered the rival submissions made by the learned
counsel for both the parties and perused the records.

7. Respondents have passed the impugned order dated 25.02.2015
which is quoted as under:-
DEPARTMENT OF POSTS, INDIA
OFFICE OF THE CHIEF POSTMASTER GENERAL, U.P. CIRCLE, LUCKNOW-226001

To,
Shri Afroz Alam
S/o Shri Shekh Harun,
Village- Harbasarpur, Post- Madarnpur,
Ram Dayalganj. Jaunpur

No. Rectt/Genl/Corr-Compt/Alld-Region/2014/9 dated at Lucknow,the 25 02.2015

Sub. Regarding of engagement of GDS BPM on the post of Jagannathpur and Hauj

Ref. your representation dated Nil.

Sir,
Kindly refer to your representation cited above regarding non- engagement on the
post of GDS BPM Jagannathpur and Hauj, despite being in merit.

2. In this regard it is intimated that the engagement of GDS BPM on the post of
Jagannathpur and Hauj had been done as per the rules and instructions.

Yours Sincerely,
(H.K. Mishra)
ADPS (Rectt)


8. Learned counsel for the applicant submits that his representation
dated Nil has not been properly adjudicated by the respondents and it has
been decided in a cryptic manner. He further submits that he has no
objection if a direction be issued to the respondents to consider his
representation dated Nil by taking into account all the points raised by him
and pass an appropriate order in this regard.

9. From the impugned order which is quoted above it is apparent that
the representation of the applicant, which is appended at page nos.46 to 48
of the OA and is of above 3 pages, has been decided in one sentence
without dealing with points raised by the applicant.

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10. In view of the above, the impugned order dated 25.02.2015 is set
aside. The instant Original Application is allowed with a direction to the
applicant to file a fresh representation annexing all the relevant documents,
on which he is relying upon along with a copy of this order before the
respondent concerned, within a period of three weeks from the date of
receipt of a copy of this order. On receipt of such representation, the
respondent concerned is directed to consider the case of the applicant and
pass a reasoned and speaking order on the representation of the applicant,
in accordance with law, under intimation to the applicant, within a period of
three months thereafter. No order as to costs.
11. All pending MAs shall stand disposed of accordingly.

(Anjani Nandan Sharan) (Justice Rajiv Joshi)
Member-A Member-J
/ Neelam/

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