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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9077 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 25435 OF 2008 ] MANNU PRASAD SINGH                           Appellant(s)

                               VERSUS UNION OF INDIA AND ORS.            Respondent(s)

J U D G M E N T KURIAN, J. 1. Leave granted. 2. The  matter  pertains  to  the  appointment  of  an Extra Department Branch Post Master in the year 2001. According to the appellant, he has been continuing in service ever since 2001.  The dispute is between the appellant and Respondent No. 4. 3. It  appears  that  despite  several  efforts, Respondent No. 4 could not be served.  Be that as it may, the Central Administrative Tribunal has directed the  Union  of  India  to  reconsider  the  matter  of selection. 4. We  make  it  clear  that  in  the  process  of reconsideration, the appellant as well as Respondent No. 4 shall be afforded an opportunity of hearing. In case Respondent No. 4 does not turn up for the hearing, it will be treated for all purposes that the appellant had been appointed validly and he would be continuing as per rules.

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5. However, we make it clear that in the process of reconsideration,  all  the  contentions  raised  by  the appellant  shall  be  looked  into.   We  also  make  it clear  that  in  the  fresh  consideration  as  per  the directions  of  the  Central  Administrative  Tribunal, notice needs to be issued to the appellant and the fourth respondent only. 6. Needless  also  to  say  that  the  reconsideration shall  be  made  untrammeled  by  any  observations  and findings of the Central Administrative Tribunal. 7. With the above observations and directions, this appeal is disposed of with no order as to costs. 8. Since we have disposed of the appeal, the order dated 02.09.2016 for deposit of costs of Rs. 5,000/- is recalled.

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [R. BANUMATHI ]  

New Delhi; July 14, 2017.