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2001 DIGILAW 1276 (AP)

Mudavat Somla Naik v. Central Administrative Tribunal, Hyderabad

2001-10-13

S.B.SINHA, V.V.S.RAO

body2001
S. B. SINHA, CJ. ( 1 ) THE sole question which arises for consideration in this writ petition is as to whether possession of a registered instrument showing ownership of a property for appointment in the post of extra Departmental Branch Post Master (EDBPM) is a pre-condition. ( 2 ) THE facts of the matter are as follows. A recruitment notification was issued inviting applications from eligible candidates for selection to the post of edbpm at Obulapuram Branch Post Office. The relevant qualifications were: age:the applicant should have completed 18 years of age as on the date of issue of this notification. The maximum age upto which a person appointed to the post can be retained in service will be 65 years. Educational Qualifications: Matriculation. Income and Ownership of property; The person applying for the post must have adequate means of livelihood. He/she must have an adequate source and must be able to cater suitable space to locate the post office with provision of installation of even public call office (PCO ). ( 3 ) PURSUANT to or in furtherance of the said notification, the petitioner herein filed an application. As regards income from landed property he stated: therefore, it is further submitted that the policy of the State is to provide employment to educated and poor people and it is further submitted that I belong to S. T. community and I am possessing the landed property worth of Rs. 14,000/- as per the registered deed executed in my favour by my father. Even the pass book was issued in my name. The petitioner was provisionally appointed for a period of three months by an offer of appointment dated 25-8-1996. The said appointment was questioned by the second respondent herein before the Tribunal inter alia on the ground that the petitioner herein does not own any property evidenced by a registered document. Before the learned tribunal, a certificate dated 21-6-1996 was produced by the-petitioner herein which was issued by the Mandal Revenue Officer which is in the following terms : property CERTIFICATE this is to certify that the undermentioned landed property is in the possession and enjoyment of Sri M. Somla Naik, S/o. M. Goli naik, Village Obulapuram Thanda, Mandal giddalur, District Prakasam. There are no encumbrances against the property. Sy. No. Full extent extent of the individual classification value of the property 380-4 1. 20 -Dry rs. There are no encumbrances against the property. Sy. No. Full extent extent of the individual classification value of the property 380-4 1. 20 -Dry rs. 5,500/- rupees Five Thousand Five Hundred only sd/- vao, Doddampalli, Sd/- mro, dated 21-6-1996 ( 4 ) THE learned Tribunal, however, held that as the petitioner has failed to produce a document, he was not suitable for appointment and thus allowed the OA filed by the second respondent herein. ( 5 ) THE sole question which arises for consideration is as to whether for the purpose of obtaining appointment to the post of EDBPM the possession of a registered instrument of ownership is a precondition. ( 6 ) CLAUSE 3 (iii) of the Notification is in two parts, namely, income and ownership of property. The first part relates to income of the applicant which necessitates submission of proof as regards adequate income proof and adequate source, but so far as the second part is concerned, the candidate is required to be able to show that he has sufficient suitable place at his disposal so as to enable him to locate the Post office with provision for installation of even public call office. The recruitment notification nowhere suggests that a person must be owner of the property and in support thereof he is required to produce a registered deed. ( 7 ) HAVING considered the matter, we are of the view that ownership of property does not mean that the candidate must be owner of the property- The expression ownership in the context stands on a different looting. Even if a person has a right to manage the property also, it is ownership. In other words, ownership of the properly does not connote absolute ownership. If a person is in lawful possession and enjoyment of property and is in possession of suitable space for the purpose of location of Post Office and further sufficient space for installation of a public call office, he is eligible to be appointed as edbpm. Even the said notification does not provide that the candidate must be in possession of a registered instalment. The view which we have taken is fortified by a division Bench decision of this Court in union of India v. E. Purushotham Reddy, 1999 (5) AI. D 29, and an unreported decision rendered by us in WP No. 19648 of 1999 disposed of on 31-3-2001. The view which we have taken is fortified by a division Bench decision of this Court in union of India v. E. Purushotham Reddy, 1999 (5) AI. D 29, and an unreported decision rendered by us in WP No. 19648 of 1999 disposed of on 31-3-2001. ( 8 ) FOR the reasons aforementioned, the judgment of the Tribunal is set aside. The candidature of the petitioner may be considered for regular appointment as edbpm upon issuing a fresh notification. In case the candidature of the petitioner is not considered by the authorities, it will be open to him to avail the remedies available to him under law. ( 9 ) WITH the aforementioned observations and directions, the writ petition is disposed of. No order as to costs.