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Mahipal v. Union Of India And Others - WRIT - A No. 4542 of 2006 [2006] RD-AH 1858 (24 January 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This writ petition has been filed challenging the judgment and order of the Central Administrative Tribunal dated 25.10.2005 by which the application filed by the petitioner for appointment as an Extra Departmental Branch Post Master has been rejected on the ground that offering the appointment to the contesting respondent No. 4 Yogendra Singh was correct in view of the fact that he had secured more marks than the petitioner and there was some calculation error but on rectification of that mistake it was found that the said Yogendra Singh had to be placed at Serial No.1 over and above the present petitioner and he had rightly been offered the said appointment inspite of the fact that the petitioner had earlier been issued appointment letter but he had not joined.

What has been argued before us by the learned counsel for the petitioner is that it was the specific case before the Tribunal and it had also been specifically contended on his behalf that the Gift-Deed in favour of Yogendra Singh was subsequent to the last date of the submission of the application. This argument had not been dealt with by the Tribunal. The Supreme Court in State of Maharashtra Vs. Ramdas Shrinivas Nayak & Anr. AIR 1982 SC 1249 held that in case a counsel makes a submission that a particular contention was argued before the Court but it was not taken note of, then the same cannot be a ground of Appeal and the review is the only remedy before the same Court as the Appellate Court cannot conduct an enquiry as to what had transpired in the Court.

The writ petition is, therefore, dismissed with liberty to the petitioner to file a review application before the Tribunal, if so advised, that he had advanced the arguments but the same were not taken into consideration.




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