Central Administrative Tribunal - Jabalpur
Ram Mani Tripathi vs D/O Postal on 24 February, 2021
1 O.A.No. 200/00145/2021
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00145/2021
Jabalpur, this Wednesday, the 24th day of February,2021
HON'BLE SHRI RAMESH SINGH THAKUR, JUDICIAL MEMBER
HON'BLE MS. NAINI JAYASEELAN, ADMINISTRATIVE MEMBER
Ram Mani Tripathi, S/o Shri Dev Raj Tripathi,
Aged about 48 years, Working Postman, Riwa
H.P.O. Resident of M.I.G.-II, 205, Housing Board Coloney
Chirhula, Riwa (M.P.)-486001 -Applicant
(By Advocate - Shri Balwant Rai)
Versus
1. Union of India, through its Secretary,
Government of India, Ministry of Postal Services,
New Delhi-110001
2. The Chief Post Master General
M.P.Circle Bhopal (MP)-462001
3. The Post Master General Jabalpur Region
Jabalpur M.P. 482001
4. Private Respondent Shri Bibhanshu Pandey
Indor MFL Division, through Superintendent of Postal
MFI Indore Division 452011
5. Private Respondent Shri Lokesh Sarathe, R.M.S.
(M.P.) through Superintedent of Postal of RMS Division
Bhopal-462001
6. Private respondent Shri Shri Rakesh Kumar Saini,
R.M.S. Jabalpur, Superintendent of Postal of RMS
Division Jabalpur-482001
7. Private Respondent Shri Sanjay Kumar Patel
Riwa Division (M.P) through Superintendent of Postal
Riwa Division 486001 - Respondents
(By Advocate - Shri S.P.Singh)
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2 O.A.No. 200/00145/2021
O R D E R(ORAL)
By Ramesh Singh Thakur, JM:-
Heard.
2. This Original Application has been filed against the inaction on the part of respondent authorities for not providing him the opportunity to participate in the Data Entry Skill Test (Paper III) held on 09.02.2020 at Engineering College, Jabalpur because of non-replacement of defective computer device despite reporting the said difficulty on the spot to the invigilator, as well as non providing of any other opportunity for afresh skill test on or before the finalization and declaration of result of LDCE on 18.02.2020 till date.
3. Counsel for the applicant submits that the applicant was initially appointed in the department as Gramin Dak Sewak on 24.03.2004. Thereafter, was appointed as Postman on 30.04.2013. Vide notification dated 29.10.2018 (Annexure A-4) the posts of Postal Assistant/Sorting Assistants for filling up through LDCE was notified. The applicant applied for the same and appeared in the test on 15.09.2019. The applicant obtained more than 50% marks in Paper-I and Paper-II of LDCE held on 15.09.2019 on the basis of which the applicant was called for Data Entry Skill Page 2 of 4 3 O.A.No. 200/00145/2021 Test (Paper-III) held on 09.02.2020.During the course of Date Entry Skill Test (Paper-III) due to defect occurred in the computer device the applicant could not complete his skill trade test and the same fact was also brought to the notice of Post Master General, Jabalpur. The result was declared on 17.02.2020, whereby the applicant was declared not qualified. The applicant made representation to the respondent department and also the legal notice vide notice dated 25.02.2020 (Annexure A-9) to the Assistant Director General (Estt. & Rectt.) Bhopal with a copy of Post Master General, Jabalpur with a request to provide him another opportunity to appear in the test, but till date no decision has been taken.
4. At this stage learned counsel for the applicant submits that the applicant will be satisfied if the respondents are directed to decide Annexure A/9 in a time bound manner.
5. Learned counsel for the respondents submits that he has no objection if the Original Application is disposed of in above manner.
6. We have considered the matter and we are of the view that the natural justice will be met if the competent authority of the respondents is directed to decide the representation Page 3 of 4 4 O.A.No. 200/00145/2021 filed at Annexure A-9, if not already decided in a time bound manner.
7. Resultantly, the competent authority of the respondents is directed to decide the applicant's representation filed at Annexure A-9, if not already decided within a period of six weeks after receiving the copy of this order.
8. Needless to say that the respondents shall pass the reasoned and speaking order. Respondents shall also deal with all the contentions raised in the representation filed at Annexure A-9.
9. With these observations, this Original Application is disposed of at admission stage itself.
10. However, is it made clear that this Court has not commented anything on the merits of the case.
(Naini Jayaseelan) (Ramesh Singh Thakur)
Administrative Member Judicial Member
rn
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