Central Administrative Tribunal - Kolkata
Bata Krishna Maity vs D/O India Post on 13 November, 2018
I ■ ■r l.: 1 o.a. 01451.2014 « VS 1 * ;v' CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA 1 BRAR x ?
f No. O.A. 1451 of 2014 Date of order: 13.11.2018 i Present Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. Nandita Chatterjee, Administrative Member Sri Batakhshna Maity, Son of St. Amulya Kumar Maity, Formerly working as LSG SPM Janka S.O. in Contai Division, Retired on Superannuation on 31.1.2011 and Now residing at Vill. - Kamarda, P.O. - Kamarda Bazar, P.S. - Khejuri, Dist. - Purba Medinipur, Pin-721 432.
... Applicant.
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1. Uniori otln^^ i ThloughiftllSeTcFetafy, ^ Milistry^pmimunrcatioifpf j 1: DeM^#qy ^ l| ■ Dak Bhawan, \Jr I New Delhi-1. - 1 • 'i _ V J
2. Thfe Chief Post Master Geperal, West Bengal Circle, /' Yogaybg Bhawan, Kolkata - 12. '
3. The Post Master General South Bengal Region, Yogayog Bhawan, Kolkata-12.
4. The Director of Postal Services, South Bengal Region, Yogayog Bhawan, Kolkata -12.
5. The Superintendent of Post Offices, Contai Division, P.O. - Contai, Dist. - Purba Medinipur, Pin-721 401.
... Respondents.
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2 o.a. 01451.2014 For the Applicant Mr. A. Chakraborty, Counsel For the Respondents Ms. M. Bhattacharya, Counsel PRO E R (Oral) Per Ms. Bidisha Baneriee. Judicial Member:
Ld. Counsel for both sides are present.
2. The applicant had preferred O.A. No. 1560 of 2010 seeking the following relief:-
u(a) An order quashing and/or setting aside the impugned memo No. Sf=A/P-55/HSG-ll/Postat/2007 dated 4.2.2009.
. (b) Denial of promotion to HStj-ll^after completion of 3 years regular
service in LSG as per of 2006 can not be
sustained in the eye of ^\
(c) An order directing tt^teSfhnde/its^h.9^^WOtion to the applicant to HSG-II w.e.f. 17,l2O(^iti^^^&0k/tialienefits including fixation of pay and future jyromotibnJd:$S&W?X/~,~i t* . \ ■(d) An order gTiashing^pd/oifi%&$iqm$&side fifae(order whereby the S'! .
applicant has been'denied%rjpffombtioimnd postingjto the vacant HSG-II Posts of Contai /! ■' X '"vi'. ; \ / • /1. • y - /
3. The said O.A. was dispoSed.of'in-theTolfowiHg/nanner:
r ■ '[4. The speaking order refers to-vacahcies of 2009. It does not disclose consideration in terms of revised recruitment rules of 2000 or vacancies occurring immediately thereafter. It does not disclose about eligibility of applicant for HSG-II in 2007, occurrence of vacancies of 2007 on consideration of the applicant against such vacancies. In such view of the maffer the O.A. is disposed of with a direction upon the respondent No. 4 to pass a reasoned and speaking order with regard to the Claim of the applicant in regard to his eligibility as in 2007 under revised RR, against
- . vacancies immediately arising thereafter, and.DPC minutes in connection thereof, in view of the order in O.A. 607/07 within a period of 2 months from the date of communication of this order.
' 5. Accordingly, the O.A. is disposed of. No costs.''
4. In the speaking order issued pursuant to the directions in the earlier O.A. the respondents had indicated the following:-
"As per minutes of DPC meeting dated 28.2.2008 (copy enclosed). Sanctioned strength of HSG-II cadre -154 Vacancy in HSG-II cadre - 152 t ./ •r 3 o.a. 01451.2014 • / / / ••J % / /• 127 nationally promoted LSG officials who were in service came \ f' under the zone of consideration for HSG-II promotion in Postal Wing, V Seniority list of LSG officials as on 1.7.2006 (Postal) figures 183 officials and particulars of the last person at SI. No. 183 is as follows:-
SI. Name of the official Com. DOB Date of entry in Date of Divn/Unit PA cadre promotion to LSG cadre 183 Mina Roy Chowdhury OC 3.3.57 16.3.81 5.6.2000 Barabazar HO In this score it is mentioned that the officials who were promoted to LSG cadre under FTP Scheme (2/3^ quota) had not been included in the seniority list as the decision regarding eligibility of the FTP officials for promotion to HSG-II grade after 3 years had not been received from the Directorate.
Next DPC held on 18.4.2011 for consideration Of promotion of the LSG officials to HSG-II cadre. /\s per minutes, the sanctioned strength of HSG-II cadre is 152, vacancy for 2009 (Vacancy - 109) and 2010 (vacancy - 5) was 114 (upto 31.12.2010. The seniority list of LSG officials in Postal Wing as on 1.10.2010 figures 240 officials wherein the name .gfrihe applicant, Batakrishna Maity was placed at SI. No. 190 of the said^montylrsi^i^yf^flOv^ing particulars SI.
/r Name of the official* 2 ^Com. S'D'G8I & Date'ftf entry*jp Spate of Divn/Unit i l yfy'dacfre -rj* Vromotion to LSG l I C c cbdre 190 Batakrishna Maity Q) OC ^6Jrj5MX:09HQ.79 - 29.4.2004 Contai Dn.
■\o / ™ (subject to
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Correction)
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■ Particulars of the last officiaFfDSG-Psdfected fof promotion to HSG-II cadre \X ■tTrd'x •#u"' ^ ^ (Postal wing) against 114 vacefncies^ SI. Name of the official . Com. DOB Date of entry in Date of Divn/Unit PA cadre promotion to LSG cadre ■ 146 Banarasi Layek OC 04.7.52 19.9.77 1.1.2002 Asansol Dn.
From the above, it is made clear that vacancy upto 31.12.2010 (including unfilled vacancies from 2007 as is implied) was 114. The last official selected for promotion to HSG-II cadre in the select panel of 114 officials was Banarasi Layek whose position in the seniority list of LSG official was 146 whereas the position of Sri Batakrishna Maity (applicant herein) was 190. In other words, the case of Sri Batakrishna Maity could not come within the select panel of 114 candidates for promotion to HSG-II cadre in accordance with seniority cum fitness."
5. Since the position enumerated (supra) clearly and unambiguously denotes the number of available vacancies were 154 and admittedly and irrefutably the p i.
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applicant stood at Sri No. 190 the respondents' version that he did not come / within the zone of consideration, could not be faulted.
r 6. Accordingly, the O.A. is dismissed. No costs.
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(Bidisha Ba^erjee » (Dr. Nandita Chatterjee) Administrative Member Judicial Member SP 3 V