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Devendra Kumar v. Union Of India Thru' Secy. Ministry Of Communication & Ors. - WRIT - A No. 2263 of 2002  RD-AH 1028 (5 October 2004)
C.M.W.P. No. 2263 of 2002
Hon'ble Yatindra Singh, J.
Hon'ble V.S.Bajpai, J.
Petitioner's brother Giriraj Singh was working as Extra Departmental Branch Post Master (EDBPM). He died during his service. According to the petitioner after his death he started working there and subsequently an oral order was passed canceling his appointment. He filed an application before the Central Administrative Tribunal which was disposed of on 16.7.2001 observing that in case of fresh selection is held, he should also be considered in accordance with law. Subsequently in the fresh selection one Sri Alok was selected on 8.8.2001. Hence the present writ petition.
We have heard counsel for the petitioner and Sri S.C.Dubey, counsel for the respondents.
The Tribunal had upheld the oral order dated 25.9.2000 disengaging the petitioner on the ground that the petitioner could not be appointed on compassionate basis on the death of his brother. There is no illegality in the same. So far as appointment of Sri Alok is concerned, it is stated in paragraphs 11 and 13 of the counter-affidavit that Sri Alok had obtained higher marks than the petitioner. In view of this there is no illegality in selection dated 8.8.2001.
The writ petition has no merit. It is dismissed.
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