Central Administrative Tribunal - Delhi
Harendra Singh File By Applicnt No 9 In ... vs Vineet Pandey Secretary & Ors D/O Post on 8 November, 2023
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CP. No. 25/2023, CP No 26/2023, CP No 27/2023, CP No 28/2023
Item No. 30 (C-3)
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
C.P. No. 25/2023 in
O.A. No. 976/2020,
C.P. No. 26/2023,
C.P. No. 27/2023,
C.P. No. 28/2023,
This the 08th Day of November, 2023
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mrs. Pratima K. Gupta, Member (J)
C.P. No. 25/2023
Harendra Singh S/o Sh. Mangal Singh,
R/o Gesupur, Gesupur, Bulandshahar, UP-203205,
Presently posted at GDS/ BPM Bishara,
Greater Noida, U.P.-201008,
Since 19.05.2010
Applicant No. 9 in OA No.976/2020,
Titled as Rajender Singh & Ors Vs Secretary, Ministry of
Communication & Ors
....Petitioner
(By Advocate : Mr. Girish Kumar)
VERSUS
1. Shri Vineet Pandey,
The secretary, Ministry of Communication,
Government of India, Department Of Post,
Dak Bhawan, Sansad Marg,
New Delhi-110001
Email: [email protected]
2. Shri Alok Sharma
The Director General Of Post
Department Of Post, Dak Bhawan, Sansad Marg,
New Delhi-110001
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CP. No. 25/2023, CP No 26/2023, CP No 27/2023, CP No 28/2023
Item No. 30 (C-3)
Email: [email protected]
3. Shri Kaushlendra Kumar Sinha
The Chief Postal Master General,
Up Circle, Lucknow-226001
Email: [email protected]
4. Md. Shahnawaz Akhter
The Director Of Postal Service,
Ghaziabad Division, Ghaziabad-201002
Email: [email protected]
5. Shri Bhoor Singh Meena
The Senior Superintendent Of Post Office
Ghaziabad Division, Ghaziabad-201002
.... RESPONDENTS
(By Advocate : Mr. S.N. Verma)
C.P. No. 26/2023
Lokesh Kumar
S/o Shri Mahesh Chandra
R/o House No.107, Sector-9,
Vijay Nagar, Ghaziabad, UP
presently posted as GDS/BPM Tugalpur
Since, 04.1 1.2008
Applicant No. 22 in OA No.976/2020, Titled as Rajender Singh & Ors
Vs Secretary, Ministry of Communication & Ors
....Petitioner
(By Advocate : Mr. Girish Kumar)
VERSUS
1. Shri Vineet Pandey,
The secretary, Ministry of Communication,
Government of India, Department Of Post,
Dak Bhawan, Sansad Marg,
New Delhi-110001
Email: [email protected]
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CP. No. 25/2023, CP No 26/2023, CP No 27/2023, CP No 28/2023
Item No. 30 (C-3)
2. Shri Alok Sharma
The Director General Of Post
Department Of Post, Dak Bhawan, Sansad Marg,
New Delhi-110001
Email: [email protected]
3. Shri Kaushlendra Kumar Sinha
The Chief Postal Master General,
Up Circle, Lucknow-226001
Email: [email protected]
4. Md. Shahnawaz Akhter
The Director Of Postal Service,
Ghaziabad Division, Ghaziabad-201002
Email: [email protected]
5. Shri Bhoor Singh Meena
The Senior Superintendent Of Post Office
Ghaziabad Division, Ghaziabad-201002
.... RESPONDENTS
(By Advocate : Mr. S.N. Verma)
C.P. No. 27/2023
Brajendra Singh S/o Sh. Siya Ram,
R/o Village & Post Sara, PS Modinagar,
District Ghaziabad, U.P.
Presently Posted as GDS/BPM, Sara, PS Modinagar,
Since 28.01 .2010
Applicant No. 20 in OA No.976/2020, Titled as Rajender Singh & Ors
Vs Secretary, Ministry of Communication & Ors
....Petitioner
(By Advocate : Mr. Girish Kumar)
VERSUS
1. Shri Vineet Pandey,
The secretary, Ministry of Communication,
Government of India, Department Of Post,
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CP. No. 25/2023, CP No 26/2023, CP No 27/2023, CP No 28/2023
Item No. 30 (C-3)
Dak Bhawan, Sansad Marg,
New Delhi-110001
Email: [email protected]
2. Shri Alok Sharma
The Director General Of Post
Department Of Post, Dak Bhawan, Sansad Marg,
New Delhi-110001
Email: [email protected]
3. Shri Kaushlendra Kumar Sinha
The Chief Postal Master General,
Up Circle, Lucknow-226001
Email: [email protected]
4. Md. Shahnawaz Akhter
The Director Of Postal Service,
Ghaziabad Division, Ghaziabad-201002
Email: [email protected]
5. Shri Bhoor Singh Meena
The Senior Superintendent Of Post Office
Ghaziabad Division, Ghaziabad-201002
.... RESPONDENTS
(By Advocate : Mr. S.N. Verma)
C.P. No. 28/2023
Randheer Kumar S/o Shri Nawal Kishore
permanent R/o Village Sabikpur,
PO Damodarpur Lakhisarai, Bihar-81 1311
presently posted as GDS/BPM Saidpur (Govindpuri SO)
Since, 01.01.2010
Applicant No. 25 in OA No.976/2020, Titled as Rajender Singh & Ors
Secretary, Ministry of Commnunication & Ors
....Petitioner
(By Advocate : Mr. Girish Kumar)
VERSUS
1. Shri Vineet Pandey,
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CP. No. 25/2023, CP No 26/2023, CP No 27/2023, CP No 28/2023
Item No. 30 (C-3)
The secretary, Ministry of Communication,
Government of India, Department Of Post,
Dak Bhawan, Sansad Marg,
New Delhi-110001
Email: [email protected]
2. Shri Alok Sharma
The Director General Of Post
Department Of Post, Dak Bhawan, Sansad Marg,
New Delhi-110001
Email: [email protected]
3. Md. Shahnawaz Akhter
The Chief Postal Master General,
Up Circle, Lucknow-226001
Email: [email protected]
4. Md. Shahnawaz Akhter
The Director Of Postal Service,
Ghaziabad Division, Ghaziabad-201002
Email: [email protected]
5. Shri Bhoor Singh Meena
The Senior Superintendent Of Post Office
Ghaziabad Division, Ghaziabad-201002
.... RESPONDENTS
(By Advocate : Mr. S.N. Verma)
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CP. No. 25/2023, CP No 26/2023, CP No 27/2023, CP No 28/2023
Item No. 30 (C-3)
ORDER (ORAL)
Hon'ble Mr. Tarun Shridhar, Member (A) The present CP alleges wilful defiance of order dated 04.09.2022 passed in OA No 976/2020. The specific direction while disposing of the said OA is reproduced below verbatim :
5. We, therefore, dispose of the OA directing that:
a) the orders of promotion/appointment shall be issued to such of the applicants whose verification for appointment under GDS category, is complete and positive within a period of (4) weeks subject to verification of other requirements.
b) in respect of the remaining applicants, the process of verification as to the genuineness of their appointment under GDS category shall be completed within eight weeks' from today.
6. The M.As. shall stand disposed of. There shall be no order as to costs.
2. Pursuant to notice, the respondents have filed an affidavit of compliance on two occasions. This court was not satisfied with the initial affidavit of compliance filed on behalf of the respondents on 19.09.2023 and accordingly, vide order dated 06.10.2023, the following directions were issued :
1. Learned counsel for the petitioners/applicants points that in the order dated 04.09.2020, in paragraph 5 there were two parts, 'a' and 'b'.7
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2. The names of all the four petitioners/applicants appear at serial numbers 9, 20, 22 and 25, in whose case the verification had already been completed.
3. Therefore, they fall within the ambit of the directions contained in paragraph 5(a) of the judgment and not in paragraph 5(b).
4. Learned counsel for the respondents pleads for and is granted two weeks' time to seek further instructions.
5. Let the matter be listed on 08.11.2023. 6. The order passed by a Coordinate Bench of this Tribunal on 10.05.2023 shall remain operative till the next date of listing.
3. In compliance of the said order, an affidavit dated 08.11.2023 has been placed before us which makes a categorical statement that the directions of the Tribunal have been complied with. Besides going through the contents of this affidavit, we have perused the earlier affidavit. Annexed to the said affidavit at Annexure CA-6, is a detailed table giving the status with respect to each of the 25 applicants. It indicates that the candidature of 16 of these 25 applicants have been provisionally cleared and with respect to the remaining 6, it is still pending on account of various reasons which include pendency of litigation and doubts on the genuineness of the various certificates. This table annexed to the affidavit, read with the latest affidavit, learned counsel submits, demonstrates substantial compliance.
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4. On the other hand, learned counsel for the petitioners contests this averment and submits that in para 2 of the judgment of the Tribunal in the captioned OA, a mention has been made about specific applicants in whose case the respondents had made a statement that verification was complete and the promotion orders would be issued. Now, with respect to four of these applicants, the respondents have either not issued the promotion orders or have resorted to steps leading to termination of their services.
5. We have carefully gone through the documents on record and given due consideration to the arguments put forth by the learned counsel.
6. There is no ambiguity as far as the specific directions passed in the captioned OA are concerned. The respondents were obliged to issue promotion/appointment to such applicants whose verification under GDS category was complete. However, a condition was cast that such verification should be "positive". Further, it should be followed by verification of other requirements. The intent of this direction is very clear that mere verification would not entitle the applicants for promotion/appointment. Such verification has to be necessarily "positive". Further, genuineness of the documents and credentials of other 9 CP. No. 25/2023, CP No 26/2023, CP No 27/2023, CP No 28/2023 Item No. 30 (C-3) applicants was also to be made which the respondents have demonstrated as having done.
7. In our view, the order of this Tribunal passed in the captioned OA stands complied with and nothing sustains in CPs which stand closed. IR, if any, stands vacated.
Notices are discharged.
(Pratima K. Gutpa) (Tarun Shridhar)
Member (J) Member (A)
/NISHA/