Central Administrative Tribunal - Patna
Md Niyaz Ahmad vs Posts on 2 June, 2022
1 O.A./050/00417/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00417/2022
050/00
Order dated: 2nd June, 2022..
CORAM
HON'BLE MR. S.K. SINHA, MEMBER [A]
MD Niyaz Ahmad, Son of Late MD. Israil, GDS ABPM Bijli BO in
A/c with Muria SO, under Darbhanga Postal Division, Resident of
Village/Post
Village/Post-Bijli, District- Darbhanga, PIN Code-847115
Code (Bihar).
.......... Applicant..
By Advocate ::- Shri M.P. Dixit.
-Versus
Versus-
1. The Union of India through the Secretary, Ministry of
Communication, Department of Post, Sanchar Bhawan, New
Delhi-110001.
2. The Chief Postmaster General, Bihar Circle, Patna.800001.
3. The Post Master General, Northern Region, Muzaffarpur-
Muzaffarpur-
842001.
4. The Superintendent of Post Offices, West Champaran
Darbhanga Postal Division, Darbhanga-846004
Darbhanga (Bihar).
5. The Assistant Director (Recruitment), Office of the Chief Post
Master General, Bihar Circle, Patna-800001
Patna (Bihar).
......... Respondents.
By Advocate ::- Shri H.P. Singh.
ORDER
(O R A L) O.A. is at notice stage hearing. Sr. Standing Counsel, Shri H.P. Singh having received advance copy of OA has appeared for respondents.
2. Applicant, a GDS ABPM at Bijli Branch Post Office in a/c with Muria Sub Office (SO) under Darbhanga Postal Division participated in the LDCE for the recruitment recruitment/promotion to the cadre of 2 O.A./050/00417/2022 Postman Postman/Mail Guard circulated vide notification dated 30.11.2021. Applicant pplicant cleared the first stage of the examination and thereafter hereafter participated in the Data Entry Skilled Test (DEST). The final result of LDCE was declared on 31.03.2022 in which applicant's name did not find place in the list of successful candidates candidates. Applicant subsequently obtained inform information under RTI (Annexure-A/7) (Annexure A/7) that as on 01.01.2021 total 36 vacancies were unfilled. The applicant has pleaded that though 31 vacancies of Postman were available under Darbhanga Postal Division but respondents advertised only 4 vacancies for GDS for the LDCE.
E. Despite the large vacancy the respondents advertised only 5 vacancies arising between 01.01.2021 to 31.12.2021. The applicant has pleaded that respondents arbitrarily advertised lesser number of vacancies because of which name of the applicant did not ffind ind place in the list of successful candidates. The prayer in the OA reads as under:
under:-
" (i)) That Your Lordships may graciously be pleased to hold and declare the part of impugned Notification dated 30.11.2021 issued by the Respondent No. 5 as contained in Annexure A/1 to be filled up eligible GDS in respect of showing lesser number of vacancies in Postman cadre, i.e. only 04 instead of 31 and above against Darbhanga Postal Division for the vacancy year 2021 as illegal, null, void and abinitio wrong.
(ii) That Your Lordships may further be pleased to direct/command the respondents to rectify their ir glaring mistake henceforth by showing 31 and above vacancies instead of 04 to be filled up from eligible GDS to the Post Man cadre in Darbhanga Postal Division.
(iii) That Your Lordships may further be pleased to direct/command the respondents to includee the name of applicant also in the result dated 13.04.2022 as contained in Annexure A/2 under Darbhanga Postal Division against vacant posts henceforth and grant promotion to the post of Postman accordingly.
(iv) That Your Lordships may further be pleased to direct/command the respondents to grant all consequential benefits in favour of the applicant for which he is legally entitled to.
3 O.A./050/00417/2022
(v) Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the applicant."
3. Heard.
4. Mr. M.P. Dixit, learned counsel for applicant reiterated the submissions in the pleadings and submitted that the respondents arbitrarily and for reasons best known to them advertised only 5 vacancies rather than 36. A Ass a result, the applicant has been deprived of his due promotion to the post of Postman. He presse pressed for the OA.
Ld. Counsel further added that applicant also made representation to the Chief Postmaster General for considering the available vacancies in Darbhanga Division for applicant's promotion to the post of Postman/Mail Guard Guard. Respondents espondents have not yet decided the representation. He also submits that the GDS Union has also submitted representation to the respondents raising the same issue which has al also so not been responded to. He submits that applicant would be satisfied if respondents are directed to consider and decide his representation.
5. Shri H.P. Singh, l/c for respondents vehemently opposed the OA and argued that the number of vacancies for each Postal Division was clearly shown in the notification inviting application for competitive examination examination. Thee advertisement mentioned that for the Dharbhanga Division there were total 5 vacancies to be filled up. L/c submits that tthe he applicant accepted the vacancy position and participated in LDCE LDCE. However, when his name was not included in the list of candidates selected for promotion promotion, he has raised the issue of vacancies vacancies. Regarding the respondents advertising lesser number of vacancies vacancies, Shri H.P. Singh submitted mitted that it is the prerogative of 4 O.A./050/00417/2022 departmental authorities to decide the number of vacancies that required to be filled up. There are several factors which influence the decision of departmental authorities in deciding the number of posts to be filled uup. The applicant first acquiesced to the advertisement and participated in the LDCE. The OA is thus not maintainable because there was no irregularity committed in the conduct of LDCE. Ld. Counsel of respondents submitted that the applicant may approach th thee respondent authorities separately but that cannot be linked with the process of LDCE already completed. He prayed to dismiss the OA as suffering from acquiescence and laches on the part of applicant.
6. Considered the submissions. Perusal of the notification dated 30.11.2021 (Annexure A/1) shows that the competitive examination/LDCE was held to fill up vacancies for the post of Postman/Mail Guard for vacancy year 2021 (01.01.2021 (01.01.2021 to 31.12.2021 31.12.2021).. For Darbhanga Postal Division, Division 5 vacancies - one vacancy ancy to be filled up from eligible MTS and four (3 UR and 1 OBC) from GDS cadre officials was mentioned in the notification.
notification The applicant applied for the examination and participated in the process.
process.
After declaration of the final result on 31.03.2022 which ch did not include his name, the applicant sought information under RTI on 19.04.2022 and also submitted representation to the respondents raising the issue of vacancies. The applicant has prayed to declare the notification showing 5 vacancies as null and void and to direct the respondents to rectify the mistake. No No irregularity in the conduct of examination has been alleged by the applicant in the OA. The representation submitted by applicant to the respondents has no link with the conduct of competitive examination or the declaration of 5 O.A./050/00417/2022 result. The OA is thus suffering from acquiescence and laches on the part of applicant. The OA deserves to be dismissed. Ordered accordingly. No cost.
[Sunil Kumar Sinha] Member [A] BP/SRK SRK