Central Administrative Tribunal - Ernakulam
A P Shajan Kumar vs D/O Post on 8 October, 2018
1 OA 874-16
Central Administrative Tribunal
Ernakulam Bench
OA/180/00874/2016
Monday, this the 8th day of October, 2018
CORAM
Hon'ble Mr.Ashish Kalia, Judicial Member
A.P.Shajan Kumar, aged 31 years
S/o Late R.Aravindakshan Pillai,
Postman, Ayroor, Varkala
Trivandrum Division
Department of Posts.
Residing at Sheeja Bhavan, Madavoor
Pallickal P.O.,Trivandrum-695 602. Applicant
(Advocate: Mr.Sajith Kumar)
versus
1. Union of India represented by the Secretary to Government
Department of Posts
Ministry of Communications, Govt of India
New Delhi-110 001.
2. The Chief Postmaster General, Kerala Circle
Trivandrum-695 033.
3. The Senior Superintendent of Post Offices
Trivandrum North Division
Trivandrum-695 001. Respondents
(Advocate: Mrs. Mini R.Menon, ACGSC)
This OA having been heard finally on 8th October, 2018, the Tribunal on
the same day delivered the following order:-
ORDER
The present OA is filed for quashing Annexure A1. The applicant is aggrieved by the order rejecting compassionate appointment as a dependent of his father late R.Arvindakshan Pillai who expired on 14 th August, 2013 and the applicant has to support his widowed mother - wife of the deceased employee. According to the applicant, the entire retiral benefits were spent for the liability 2 OA 874-16 of the deceased. All relevant documents have been annexed with the OA. He has applied for compassionate appointment with the respondents, claiming that his father had worked with unblemished service for more than 35 years as Extra Departmental Agent and as Postman. The applicant has qualified SSLC and has also a driving license for heavy vehicles and is thus fully qualified to be appointed as Postman or Driver.
2. Reply has been filed. Rejoinder to the reply has also been filed. An additional reply is also seen filed by the respondents.
3. Heard learned counsel appearing for the parties at length. Learned counsel appearing for the respondents has drawn my attention para 4 of the additional reply which reads thus:
Regarding paras 5 to 7 of the OA, it is submitted that all the averments in these two paras are not true to facts. The applicant has contended that one Shri S.Sreejith, who was appointed as Postman in Ernakulaqm Division practically "had not worked even for a day". This is nothing but a desperate attempt of the applicant to mislead this Hon'ble Tribunal, to say the least. The applicant has tried in vain to substantiate his version by producing Annexure A10 by which the said Shri S.Sreejith was appointed as Postman and Annexure A11 vide which the resignation of Shri S.Sreejith was accepted by the competent authority. This Hon'ble Tribunal may be pleased to see that Annexure A10 was issued on 21.5.2015 and therefore, it is more than evident that the official was appointed on 21.5.2015. Annexure A11 was issued on 23.12.2015 wherein it is categorically stated that the letter of resignation of the applicant dated 2.6.2015 was accepted with immediate effect. Therefore, the resignation came into effect only with effect from 23.12.2015. Even if it is assumed, though not accepted, that the resignation was with effect from 2.6.2015, the official had worked as Postman, Ernakulam Division from 21.5.2015 to 2.6.2015. True copy of the attendance register of CSEZ PO for the months of May 2015 and June 2015 is produced and marked as Annexure R4. Therefore, there is no question of offering the vacancy occupied by Shri S.Sreejith to the next person in the CRC. Such vacancy is liable to be treated as a vacancy of that year and it will be filled up as per the provisions contained in the recruitment rules. This Hon'ble Tribunal may be pleased to see that no waiting list is prepared by the CRC and deserving cases are only referred for review by the next CRC. Therefore, the applicant's claim to divert the vacancy caused due to the resignation of Shri S.Sreejith to accommodate him is against the provisions of the recruitment rules, extant rulings and instructions governing the field."
3 OA 874-16
4. The counsel for respondents Mrs.Mini R.Menon submitted that the case of the applicant has been considered by the respondents not only once but twice.
The applicant got relative less merit points for compassionate appointment as 38 whereas the last candidate secured 48 points. Thus his case was rejected on merit. Learned counsel for the applicant, at this stage, has drawn my attention to Annexures A10 & A11 wherein one Sri Sreejith who was given compassionate appointment had resigned on 2nd June 2015 by Annexure A11. In reply to this, the learned counsel for the applicant submits that there is no waiting list prepared for compassionate appointment and the applicant has already been was considered twice.
5. In view of the above, I find no merit in the present application. The OA is, therefore, dismissed with no order as to costs.
(Ashish Kalia) Judicial Member aa.
4 OA 874-16 Annexures filed by the applicant:
Annexure A1: Copy of the order No.B/RLN/137 dated 4.8.2016 issued by rd the 3 respondent.
Annexure A2: Copy of the Death Certificate dated 5.9.2013 issued by the Registrar of Birth and Death. Annexure A3: Copy of the oldness certificate of building issued by the LSGD Engineer, Madavoor5 Grama Panchayat dated 20.8.2014. Annexure A4: Copy of the land value certificate No.C5-12941/2014/k.Dis dated 11.11.2014 issued by Tahsildar Varkala. Annexure A5: Copy of the certificate dated 1.10.2013 issued by the Madavoor Service Cooperative Bank along with English translation. Annexure A6: Copy of the Income Certificate issued by the Taluk Officer, Varkala. Annexure A7: Copy of the representation dated 10.10.2013 submitted by the mother of the applicant to the 3rd respondent. Annexure A8: Copy of the application dated 28.2.2014 submitted by the applicant to the 3rd respondent. Annexure A9: Copy of the relevant pages of the CRC proceedings of the
year 2004 released to the applicant by RTI letter No. Rectt/7/14/Deptl/2017 dated 7.6.2017.
Annexure A10: Copy of the appointment order No.B-3/26 dated 21.5.2015 issued by the Senior Superintendent of Post Offices, Ernakulam Postal Division.
Annexure A11: Copy of the Memo No.B-3/26 dated 23.12.2015 issued by the Senior Superintendent of Post Offices, Ernakulam Postal Division.
Annexures filed by the respondents:
Annexure R1: OM 14014/02/2012-Estt D dated 16.1.13.
Annexure R2: Order in CAT OA 1180/2013. Annexure R3: RMP awarded to the applicant Annexure R4: Copy of attendance register