Central Administrative Tribunal - Jodhpur
Majeed Khan vs Posts on 13 July, 2022
1
CENTRAL ADMINISTRATIVE TRIBUNAL
JODHPUR BENCH, JODHPUR
Original Application No. 290/00081/2022
Date of decision: 13.07.2022
CORAM
HON'BLE MRS. JASMINE AHMED, MEMBER (J)
Majeed Khan S/o Late Shri Akbar Khan, aged about 34 years,
resident of Boothiya, Tehsil Ramsar, BO Via-Gadra Road, District
Barmer (Raj.). Father was last working as GDS BPM under
respondent No. 5.
.......Applicant
By Advocate: Mr Ramesh Kumar.
Versus
1. Union of India through Secretary, Ministry of Communication-
(Pin Code-110001), New Delhi.
2. The Director General, Postal Service, Indian Post, New
Delhi.(Pin Code - 110001).
3. The CPGM Rajasthan Circle, Jaipur. (Pin Code-302001)
4. Assistant Director, Postal Service, Rajasthan Circle, Jodhpur.
(Pin Code-342001).
5. Superintendent of Post, Mandal Barmer (Raj.) (Pin Code-
344001).
........Respondents
ORDER (Oral)
Hon'ble Mrs. Jasmine Ahmed, Member (J) Heard.
It is the contention of learned counsel for the applicant that the father of the applicant was working on the post of GDS BPM in the respondent-department and was posted at Boothiya BO, Gadra Road, District Barmer (Rajasthan). The father of the applicant was 2 died on 19.01.2021 due to Covid-19 while serving the respondent- department.
2. It is stated by learned counsel for the applicant that after the death of his father, the applicant applied for compassionate appointment and in pursuance of the same, the respondents issued letter dated 09.08.2021 (Annex. A/1) asking certain documents from the applicant, which reads as under :
"In the above context, the following shortcomings are found in the case :-
1. 10th standard mark sheet issued by recognized board not received.
The received BAP course certificate of the applicant is equivalent to 12th standard of RBSE, but as per RR of GDS issued by Postal Directore's letter no. 17-2/2018-GDS dated 08.03.2019, secondary school examination pass certificate of 10th standard with passing marks in Mathematics and English conducted by any recognized Board of School Education is necessary.
There for, please arrange to submit the above document to this office immediately for further course of action."
3. In pursuance of letter dated 09.08.2021 (Annex. A/1), the applicant submitted a representation dated 19.08.2021 alongwith his qualification certificate as well as judgment of Hon'ble High Court in Baboo Lal Meena & Ors Vs State of Raj. & Ors[SBCWP No. 1594/2009 decided on 22.02.2010], upon which he is relying in the present case also. Learned counsel for the applicant states that the representation of the applicant is still pending with the respondents as no decision has yet been taken by them.
4. On perusal of applicant's representation dated 19.08.2021 (Annex. A/2), it is prima-facie appears that any of the document regarding educational qualification, as well as, judgment mentioned herein by the applicant have not been attached/enclosed with his representation. At this point of time, learned counsel for the applicant states that the applicant would be happy and satisfied if a 3 direction is issued to file a fresh representation to the respondents enclosing therewith all the documents for decision on his representation in a time bound manner.
5. In view of limited prayer sought by learned counsel for the applicant, I deem it appropriate of dispose of this OA with certain directions as there is no use to keep this OA pending at this stage.
6. Accordingly, the applicant is directed to file a fresh representation alongwith certified copy of this order within a week from enclosing therewith all the documents relating to his educational qualification, as well as judgment of Hon'ble Rajasthan High Court in the case of Baboo Lal Meena & Ors Vs State of Raj. & Ors[SBCWP No. 1594/2009 decided on 22.02.2010] relied upon by him. Thereafter, the respondents shall decide the representation of the applicant within 06 weeks from the date of receiving it by passing a detailed reasoned speaking order.
7. OA is disposed of with above directions. It is made clear that nothing has been commented on merits of the case while disposing of the present OA.
(JASMINE AHMED) MEMBER (J) ss