Central Administrative Tribunal - Gauhati
Santanu Sarma And Ors vs Department Of Posts on 13 December, 2023
1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00156/2020 with MA.84/2020
&
Original Application No. 040/00255/2020 with MA.86/2020
&
Original Application No. 040/00008/2021
with MA.46/2021, 92/2021, 96/2021 & 49/2022
HON'BLE SMT. URMITA DATTA SEN, JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
OA.156/2020 with MA.
1. Shri Rajdeep Saikia, GDS ABPM,
S/o Phatik Saikia,
Vill. + P.O.:- Jamuguri - 785603,
Dist:- Golaghat, Assam.
2. Shri Dibyajyoti Medhi, GDSMC,
Borhollagaon, S/o Late Kamal Medhi,
Vill:- Bokapathar, P.O:- Philobari S.O.
Dist:- Tinsukia, Assam.
3. Shri Simantajyoti Gogoi, GDSMC, Keteng B.O.,
S/o Dilip Gogoi, Vill. + P.O:- Keteng
Via:- Margherita - 786181,
Dist:- Tinsukia, Assam.
4. Shri Kamal Chahu, GDS,
S/o Raghav Chahu,
Vill:- Rajbhar, P.O. Bisnu pur -787057.
Dist:- Dhemaji, Assam.
5. Smt. Arpana Kemprai, GDS,
OAs. 156, 255 of 2020 & 08/2021
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W/o Pranab Kumar Hojai,
Vill:- Raikata Chandanpur,
P.O:- Komorakata - 782425,
Dist - Nagaon, Assam.
6. Smt. Debojani Das,
GDSMC, Haibargaon,
D/o Lt Minaram Das,
Vill. + P.O:- Madhupur - 782002.
Dist:- Nagaon, Assam.
7. Shri Simanta Borah GDS,
S/o Lt. Tarun Borah,
Vill:- 3 No. Bhurbandha,
P.O:- Bogamukh - 782120.
Dist:- Nagaon, Assam.
8. Shri Bijoy Das, GDS,
S/o Thaneswar Das,
VIll:- Napukhuripar,
P.O:- Alikuchi - 220505;
Dist. - Nagaon, Assam.
9. Shri Ranjan Jyoti Rajbongshi, GDS,
S/o Kamal Rajbongshi, ,Vill:- Namati,
P.O:- Hatichong - 782142.
Dist: - Nagaon, Assam.
10. Md. Mushafi Hussain, GDS,
S/o Kasim Uddin Ahmed,
Vill:- Durabandhi Bill,
P.O:- Dhing--782123,
Dist:- Nagaon, Assam.
11. Shri Jadav Bordoloi, GDSMC,
Vill + P.O:- Kurihamari B.O,
Via:- Silghat - 782148, Dist - Nagaon, Assam.
OAs. 156, 255 of 2020 & 08/2021
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12. Musaraff Hussain, GDS,
S/o Abdul Washi, Vill. + P.O:- Satmaru - 782425,
Dist - Nagaon, Assam.
13. Joufasnara Khatun, GDS,
W/o Mohi uddin Ansari,
Vill. - Borpoka, P.O:- Tarabari - 782125,
Dist. - Nagaon, Assam.
14. Shri Uttam Kr. Borah, GDS,
S/o Lt. Hemeswar Borah,
Vill:- Bagharahook,
P.O:- Silghat - 782143,
Dist. - Nagaon, Assam.
15. Shri Krisna Kanta Das, GDS,
S/o Nibash Chandra Das, GDS,
Vill:- Kanuamari, P.O:- Mowamari- 782140,
Dist:- Nagaon, Assam.
16. Shahjahan Ali, GDS,
S/o Samsul Haque,
Vill + P.O:- Magurmari,
Via Samaguri - 782140,
Dist:- Nagaon, Assam.
17. Sima Mazumder, GDS,
W/o Bappi Mazumder,
Vill:- Doboka Parhar,
P.O:- Doboka - 782440,
Dist - Hojai, Assam.
........Applicants.
-versus-
1. Union of India, Represented by the Secretary,
OAs. 156, 255 of 2020 & 08/2021
4
Govt. of India, Ministry of Communications,
Department of Posts, India, New Delhi - 110011.
2. The Chief Post Master General, Assam Circle
Guwahati - 781001, Assam.
3. The Postmaster General, Dibrugarh Region,
Dibrugarh - 786001.
4. The Superintendent of Post Offices, Cachar
Division, Silchar - 788001.
.......Respondents
OA.255/2020 with connected MAs.
1. Sri Santanu Sarma,
S/o Late Amiya Sarma,
Working as GDS,
Village - Panigaon, P.O. - Mularkuchi,
Dist - Nalbari, Assam, Pin - 781303.
2. Smti. Purabi Barman,
Daughter of Sri Mukunda Barman,
Working as GDS,
Village - Gobaradal,
Dist - Nalbari, Assam, Pin - 781370.
3. Sri Dipu Dey,
S/o Sri Dilip Dey,
Working as GDS,
Village - Masly,
Dist - Karimganj, Assam, Pin - 788701.
4. Smti Rumi Roy,
Daughter of Sri Ramesh Roy,
Working as GDS,
Village - Kaudighirpar,
OAs. 156, 255 of 2020 & 08/2021
5
Dist - Karimganj, Assam, Pin - 788722.
5. Sri Nand Kishor Sah,
S/o Sri Chandra Deo Sah,
Working as GDS,
R/o Srirampur,
Dist - Kokrajhar, Assam, Pin - 783361.
6. Smti Binita Das,
Working as GDS,
R/o Laxmi Charan Road,
Dist - Karimganj, Assam, Pin - 788710.
.......Applicants
-versus-
1. The Union of India,
Represented by the Secretary to the Govt. of
India, Ministry of Communications,
Department of Posts,
Dak Bhawan, Sansad Marg, New Delhi - 110001.
2. The Chief Postmaster General,
Assam Circle, Meghdoot Bhawan, Panbazar,
Guwahati - 781001, Assam.
......Respondents
OA.08/2021 with connected MAs.
1. Sri Santanu Sarma
Son of Late AmiyaSarma
Vill:-Panigaon, P.O. Mularkuchi
Dist:-Nalbari, Pin:-781303. Assam.
2. Ms. Rumi Roy
D/O:- Sri Ramesh Roy
Vill:-Kawdighirpar,
OAs. 156, 255 of 2020 & 08/2021
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P/O:-Nilambazar
Dist:-Karimganj. Assam.
3. Smti Pallabi Boruah
C/o Dipen Boruah
Vill:-Lakuma, P.O. Silakuti
Dist:-Sivsagar Pin: - 785689.
4. Sri Samar Chetia
C/o Late Bidyut Chetia
Vill:-RangapatharGaon,
P.O. Suffry Dist:-Charaideo.
Pin:- 785689.
5. Sri Kalyanjyoti Rajkonwar
C/o Nabin Rajkonwar
Vill:-Baku Pukhuri HabiGaog.
P.O. Nimonagoar. Dist:-Charaideo.
Assam. Pin:-784589.
6. Sri Rajdeep Saikia
C/o Photick Saikia
Vill:-Jamuguri, P.O. Jamuguri
Dist: Golaghat. Pin-785603
7. Sri Nand Kishor Sah,
Son of Lt. Chandradeo Sah
Vill:- Srirampur, P.O. Srirampur
Dist:-Kokrajhar, Assam. Pin: - 783361.
8. Smti Daisy Roy
Daughter of Tarun Chandra Roy
Vill& P.O.:- Goalpara
Dist:-Goalpara, Assam. Pin-783 101.
9. Smti Ruma Nath
Daughter of Deba Pada Nath
OAs. 156, 255 of 2020 & 08/2021
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Vill& P.O.:- Goalpara
Dist:-Goalpara, Assam.
10. Md. Shahjahan Ali
Son of Shamsul Haque
Vill& P.O. :- Magurmari
Dist:-Nagaon, Assam. Pin-782 140.
11. Md. Musharaf Hussain
Son of Abdul Wasi
Vill & P.O:- St Salmara
Dist:-Nagaon, Assam. Pin-782 425.
12. Smti Joutusnara Khatun
Wife of Mohiv Uddin Ansary
Vill:-Borpoka, P.O. Tarabari
Dist:-Nagaon, Pin-782 125. Assam.
13. Sri Krishna Kanta Das
Son of Nibash Chandra Das
Vill:-Kanuamari, P.O. Mowamari
Dist:-Nagaon, Pin-782 140. Assam.
14. Sri Bijoy Das
C/o Lt. Thuleswar Das
Vill:- Na Pukhuri Par
P.O.:- Alikuchi, Dist:-Nagaon,
Pin-782 106, Assam.
15. Sri Jogen Borah
C/o Late Tangkeswar Bora
Vill:-Pithaguri. 2no. Morisuti
P.O.:- Pithaguri. Dist:-Lakhimpur.
Pin:-784163
16. Sri Jagat Bhuyan
C/o Kesha Bhuyan
OAs. 156, 255 of 2020 & 08/2021
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Vill:-Rongati, P.O.:- Pathali Pahar
Dist:-Lakhimpur. Pin-784163, Assam.
17. Smti Sukla Dey
C/o Manik Ch. Dey
Vill:-Duliajan P.O.:- Duliajan,
Dist:-Dibrugarh Pin-786602, Assam.
18. Sri Deba Prashad Hazarika
C/o Late Durga Prashad Hazarika
Vill:-2 No. Pochimlaluk,
P.O.:- LalukRina Dist :-Lakhimpur.
19. Sri Pallab Dutta
S/O:-Haren Dutta
Vill:- Na-Dulia. P.O. Khonakhokong
Dist:-Sivasagar, Assam. Pin:-785664.
20. Sri Kamal Shahu
Son of Raghav Chahu
Vill:-Rajbhan, P.O. Bishnupur
Dist:-Dhemaji, Pin:-787 057.
21. Smti Purabi Barman
C/o Mukanda Barman
Vill& P.O.:- Gobaradal
Dist:-Nolbari, Pin:- 781370.
22. Sri Surjya Kanta Rabha
C/o Lt. Nawan Rabha
Vill & P.O. Mazdia, Dist:-Baksa.
Pin-781 367.
23. Sri Bhupen Brahma
Son of Late Gobinda Brahma
Vill:-PaschimNalbari,
P.O.:- Khatikuchi.
OAs. 156, 255 of 2020 & 08/2021
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Dist:-Nalbari, Pin-781369. Assam
24. Sri Tankeswar Nath,
Son of Late Debi Charan Nath,
Vill& P.O.:- Gabharu Sivamandir
Dist:-Sonitpur, Assam, Pin-784 153.
25. Sri Bikash Das
Son of Sri Gubinda Das
Vill& P.O.:- Singri
Dist:-Sonitpur, Assam. Pin-784110.
26. Smti Kaberi Saikia
Wife of Pallab Sensua
Vill:-Dubia, P.O.:- Dubia
Dist:-Biswanath, Assam. Pin- 784 178.
27. Sri Dilip Baishya
C/o HedhaBaishya
Vill:-Nizgondhmow,
P.O.:- Rowmari Dist:-Kamrup,
Assam. Pin-781104.
28. Smti Aspika Begum
C/o Abul Ali
Vill:-Galakey-Na-Ali
P.O. Gelaki, Dist:-Sivsagar. Pin:-785696.
....Applicants
-Versus-
1. The Union of India.
Represented by
the Secretary to the Govt. of India,
Ministry of Communications,
Department of Posts,
Dak Bhawan, Sansad Marg,
OAs. 156, 255 of 2020 & 08/2021
10
New Delhi-110001.
2. Director General,
Department of Post, Govt. of India,
Sansad Marg, New Delhi - 110001.
3. The Chief Postmaster General,
Assam Circle, Meghdoot Bhawan,
Panbazar, Guwahati- 781001, Assam.
4. The Director of Postal Services (HQ),
Office of Chief Postmaster General,
Assam Circle, Meghdoot Bhawan,
Panbazar, Guwahati- 781001.
... Respondents
For the Advocates: Sri D N Sharma in OA.156/2020 &
Sri M Chanda, Smt U Dutta & Sri K
Abhinaba in other OAs.
For the Respondents: Sri V K Bhatra, Sr. C.G.S.C.
Date of Hearing: 03.10.2023 Date of Order: 13.12.2023
ORDER
URMITA DATTA (SEN), MEMBER (J):-
All the cases were here heard together on 03.10.2023. Since all the cases involve identical facts and question and law, they are being disposed of by this common order.
OAs. 156, 255 of 2020 & 08/2021 11
2. In amended OA.156/2020, 17 (seventeen) applicants working as GDS in different Post offices under the Assam Circle. In terms of Notification dated 05.08.2019 (Annexure-A1), they participated in the LDCE from GDS to the post of PA/SA (125 vacancies) for the vacancy years 2015-16 to 2019 held on 15.09.2019. According to the applicants, result of the written test was declared on 29.01.2020 and successful candidates were called to appear in the computer test on 09.02.2020. The applicants on being successful in the written test, also appeared in the said computer test, and they claimed that they were qualified in the computer test too.
3. According to the applicants, the examination was held on centralised basis all over India, though all other circles had already declared the result of the LDCE on or before 23.05.2020, the Assam Circle has not declared the result. Seeking direction to the respondents to issue appointment OAs. 156, 255 of 2020 & 08/2021 12 letters to the successful candidates in the LDCE for PA/SA examination 2019, they had filed the OA.156/2020 wherein notice was issued to the respondents on 21.08.2020. However, during pendency of the OA, the respondents had cancelled the LDCE from GDS to PA for the year 2015-16 to 2019 in view of notification of abnormal vacancy and other discrepancies noticed in the examination process. In the meantime, the Superintendent of Post Offices, Cachar Division vide his letter dated 29.06.2020 abolished 26 posts of PA, 12 post of Postman and 28 posts of Mailman after the LDCE 2019 for PA/SA has been complete. Thus, with the leave of this Tribunal, the applicant had amended the OA seeking the following relief(s);-
"8.1 That the Hon'ble Tribunal may be pleased to direct the Respondents to issue appointment letters to the qualified candidates in the said LDCE' Postal Assistant/Sorting Assistant Examination for 2019 and promoted with effect from the date of joining of the candidates who are already promoted in the same post in other OAs. 156, 255 of 2020 & 08/2021 13 Circle in other parts of India after qualifying in the same examination.
8.2 Costs of the application.
8.3 Any other relief(s) to which the applicant is entitled as the Hon'ble Tribunal may deem fit and proper.
8.4 That the Hon'ble Tribunal may be pleased to set aside the cancellation memo No. Staff/8- 41/2019 dated 10.12.2020.
8.5 That the Hon'ble Tribunal may be pleased to set aside the abolition memo No. A1/review/VIII/2017 dated 29.06.2020 issued by the Superintendent of Post Offices, Cachar Division Silchar."
4. In OA.255/2020, 6 (six) applicants, working as GDS in different districts of Assam under respondent no.2, also appeared in the LDCE for the PA/SA and on being successful, they appeared in the Data Entry Skill Test held on 09.02.2020. According to the applicants, LDCE for PA/SA from GDS, Postman, Mailguard and MTS was held on 15.09.2019, but result of LDCE for PA/SA from Postman, Mailgaurd and MTS were declared on 20.02.2020, however, result of the said LDCE for PA/SA from GDS was not declared.
OAs. 156, 255 of 2020 & 08/2021 14 Applicants also submitted that the respondents with a malafide intention, in colourable exercise of power, with an ill motive without declaring the result of LDCE 2019 for the PA/SA from GDS issued another notification dated 09.11.2020 for recruitment of PA/SA from GDS. Being aggrieved, they filed the OA with the seeking relief(s):-
"8.1 to direct the respondents to declare final results of the LDC Examination conducted by the respondents for consideration of appointment to the higher post of Postal Assistant/Sorting Assistant pursuant to the Government of India Notification issued vide No.Staff/8-40/2019 dated 05.08.2019 with immediate effect without any further delay, with a further direction upon the respondents for immediate completion of the process of appointment in the existing vacant post as shown in the recruitment notification in the cadre of Postal Assistant/Sorting Assistant on the basis of the result of the examination.
8.2 to direct the respondents to appoint the applicants against the existing vacancies in terms of the notification dated 05.08.2019, in the cadre of Postal Assistants/Sorting Assistants. 8.3 to direct the respondents not to fill up the existing vacancies of Postal Assistants/Sorting Assistants in pursuance to the impugned notification issued vide No. Staff/8-60/2020 dated 09.11.2020(Annexure-A/1) till, earlier process of OAs. 156, 255 of 2020 & 08/2021 15 recruitment in terms of notification dated
05.08.2019 is completed.
8.4 Costs of the application.
8.5 Any other relief(s) to which the applicant is entitled as the Hon'ble Tribunal may deem fit and proper."
5. This Tribunal, while issuing notice vide order dated 25.11.2020, directed the respondents not to proceed with the fresh notification dated 09.11.2020 till the next date which was extended from time to time.
6. During pendency of the above OAs, the respondents had cancelled the LDCE 2019 vide order dated 10.12.2020. The applicants in OA.156/2020 and OA.255/2020 filed MA.84/2020 and OA.86/2020 respectively, praying for stay of the impugned letter dated 10.12.2020. This Tribunal vide order dated 18.12.2020 in the said MAs directed that any consequential order in pursuance of letter dated OAs. 156, 255 of 2020 & 08/2021 16 10.12.2020 shall be kept in abeyance till date which was extended further.
7. Challenging the validity of the impugned notification dated 10.12.2020 whereby LDCE from GDS to PA/SA for the years 2015-16 to 2019 was cancelled, the applicants, 28 in number, working as GDS in the Department of Posts, had filed OA.8/2011 and sought following relief(s):-
"8.1 That the Hon'ble Tribunal be pleased to set aside and quash the impugned notification issued vide No. Staff/8-40/2019/CON dated 10.12.2020 (Annexure- A1).
8.2 That the Hon'ble Court be pleased to direct the respondents conclude the selection process initiated vide notification No. Staff/8-40/2019 dated 05.08.2019 for filling up of 99 vacancies for Postal Assistant and 26 vacancies for Sorting Assistant.
8.3 That the Hon'ble Court be pleased to impose cost of Rs.10,000,00 (Rupees Ten Lakh) upon the Respondent No. 3, 3 and 4.
8.4 Costs of the application.
8.5. Any other relief(s) to which the applicant is entitled as the Hon'ble Tribunal may deem fit and proper."
OAs. 156, 255 of 2020 & 08/2021 17
8. This Tribunal while issuing notices to the respondents in the said OA, finding prima facie case in favour of the applicants, stayed the impugned order dated 10.12.2020 till the next date vide order dated 06.01.2021 which had been extended from time to time and is continuing till date. The respondents had filed MA.46/2021 praying for vacation of the said order. In the meantime, challenging subsequent Notification dated 13.09.2021 for holding LDCE for recruitment to PA/SA from GDS for the vacancy year 2021, the applicants had filed another MA.92/2021. Since the issue of LDCE 2019 is pending decision, this Tribunal vide order dated 08.10.2021 restrained the respondents to proceed with the said notification. In the another MA.96/2021, the applicants sought direction from this Tribunal for production of certain documents mentioned in the said MA and this Tribunal had directed the respondents to produce the those records at the time OAs. 156, 255 of 2020 & 08/2021 18 of hearing. In OA.49/2022, the applicants prayed for stay of the operation of the subsequent notification dated 24.06.2022 for holding LDCE for PA/SA from GDS for the vacancy year 2022.
9. According to the applicants, the LDCE examination for recruitment to PA/SA was conducted on centralized basis all over the country and all the other circles of the country had declared the result but Assam Circle did not declare the result of LDCE in respect of PA/SA from GDS. Numerous representations were submitted through the Associations ventilating the grievances but to no avail. However, without declaring the result of such LDCE 2019, the respondents issued another Notification for holding LDCE for 2020 for PA/SA from GDS against which the applicants filed OA.255/2020. When the OA No.156/2020 and 255/2020 praying for declaration of final result of LDCE Examination 2019 OAs. 156, 255 of 2020 & 08/2021 19 for promotion from GDS to PA/SA was sub-judice before this Tribunal, the respondents without taking any leave from this Tribunal issued the impugned notification dated 10.12.2020 cancelling the LDCE on the ground of abnormal vacancies and other discrepancies noticed in the recruitment process.
10. Respondents had filed written statement in all the above OAs in similar lines. According to them, during the process of verification of declaration of final result of the LDCE 2019, gross irregularities were found to have committed in notification of the vacancies. Therefore, the competent authority reviewed the LDCE 2019 examination and found that in the said examination excess vacancies were notified in gross contravention of Recruitment Rules. Moreover, few more anomalies were detected in the manner of conducting the examination - that there was anomalies in evaluation of OMR answer sheets;
OAs. 156, 255 of 2020 & 08/2021 20 neither the authenticated mark lists prepared by the committee is available on record not the material records pertaining to manual evaluation of 3 questions with multiple answers were available on record; and that CCTV surveillance footage of the conduct of the examination were not available though it was mandated in the SOP by the Directorate etc. the examination was not conducted under CCTV surveillance. As it was not possible to reduce the vacancies at that stage, to ensure natural justice to all, the respondents cancelled the LDCE examination. It was also decided to hold the examination afresh after determining the actual vacancy position giving opportunities to all the applicants to apply/appear afresh as and when the LDCE will be held afresh. According to the respondents, applicants cannot be allowed to get unlawful benefit from the inadmissible promotion on OAs. 156, 255 of 2020 & 08/2021 21 the basis of non-existing vacancy, accordingly prayed for dismissal of the OAs.
11. Applicants filed rejoinders in their respective OAs reiterating the contentions made in the OAs and denied the submissions made by the respondents in the written statements.
12. During the course of hearing, learned counsel for the applicants argued that this Tribunal had already stayed the impugned cancellation orders vide order 06.01.2021 in OA.8/2021. Further, the impugned notification dated 09.11.2020 for holding LDCE 2020 from GDS to PA/SA had been stayed by this Tribunal on 15.11.2020 in OA.255/2020. Learned counsel submitted that the respondents had shown different vacancy positions on different occasions. Learned counsel contended that the respondents cancelled the LDCE of 2019 on the pretext of abnormal vacancies and alleged anomalies in the OAs. 156, 255 of 2020 & 08/2021 22 recruitment process, however, they had taken different stands in their status report and written statement and the affidavit with regard to number of actual vacancies. As regards vacancy of PA/SA from GDS, in the status report and written statement, the respondents, against the notified vacancy of 125, shown actual vacancy as 33 however, as seven divisions had already huge surplus officials beyond the sanctioned strength, factually there is no vacancy in PA/SA from GDS, whereas in the affidavit filed by them pursuant to order dated 02.05.2023, they have shown the actual vacancy as 75. Learned counsel for the applicants submitted that in response to certain queries raised in Lok Sabha and Rajya Sabha on 21.12.2018, 26.06.2019 and 11.12.2019 (Annexure-R4, R5 & R6) respectively in rejoinder of OA.255/2020, the Minister had submitted before the House the following sanctioned strength and vacancy position in the cadre of PA/SA in Assam Circle:-
OAs. 156, 255 of 2020 & 08/2021 23 Period Sanctioned strength Vacancy position As on 21.12.2018 1822 240 26.06.2019 2009 286 11.12.2019 1534 214 Thus, the vacancy position shown by the respondents in the status report, written statement and the affidavit appears to be contradictorily. As such, learned counsel contended that those contentions are absolutely false. Learned counsel further submitted that even the Headquarter Office, Department of Posts vide letter dated 02.02.2021(Annexure-R11 of the rejoinder in OA.255/2020) rejected the grounds of respondent no.2 for cancellation of the LDCE 2019 and also sought for explanation from respondent no.2 for not consulting with the competent authority before cancelling the examination. The Headquarter in their said letter observed that if there was some mistake in calculation of vacancy, the result should have been worked as per the revised vacancies. Learned OAs. 156, 255 of 2020 & 08/2021 24 counsel also submitted that there was no complaint from any corner regarding malpractice, if any in the exam, which is also noticed by the Headquarters in the said letter.
13. Per contra, learned Sr. C.G.S.C. appearing for the respondents submitted that in view of the gross irregularities committed in notification of the vacancies for the LDCE examination 2019 as well as several anomalies in conduct of the examination, the examination was cancelled, and it was also clarified that all the applicants would be given opportunity to apply/appear when such examination is conducted afresh. According to the learned Sr. CGSC, applicants were found to be qualified against non-existing vacancies. Learned counsel accordingly submitted that in view of the above there is no illegality in cancellation of the examinations, and therefore, the applicants cannot be allowed to claim any unlawful benefit derived from irregular appointment.
OAs. 156, 255 of 2020 & 08/2021 25
14. We have heard both the sides, perused the written arguments filed by both the sides, the materials placed on record.
15. In support of the prayers of the applicants, Sri M Chanda, learned counsel for the applicants, has relied on the following decisions:-
(i) Order dated 14.09.2012 passed by this Bench in OA.285/2011 (Smt. Swati Chakraborty vs UOI & Ors);
(ii) Judgment and Order dated 08.11.2013 of the Hon'ble Gauhati High Court in WP(C) No.462/2013 (UOI & Ors. Vs. Smt. Swati Chakraborty);
(iii) East Coast Railway & Anr vs. Mahadev Appa Rao & Ors. with K Surekha vs Mahadev Appa Rao & Ors., reported in (2010) 7 SCC 678;
(iv) Order dated 21.02.2005 of Hyderabad Bench of Tribunal in P.P.Sadanandam & Ors vs The OAs. 156, 255 of 2020 & 08/2021 26 Secretary, Railway Board & Others, reported in 2006(1) SLJ 1 CAT;
(v) Common Order dated 18.12.2020 of Jaipur Bench of this Tribunal in OA.195/2020 (Anil Kumar Sarma & Ors vs UOI & Ors.) & Series; and
(vi) Order dated 24.01.2013 of this Bench in OA.267/2021 (Shri Sudhir Kumar Singh & Ors vs UOI & Ors).
16. From the perusal of the status report, written statement and the affidavit filed by the respondents, it is noted that there are huge discrepancies and inconsistencies and contradiction in their statement as regards vacancy position in the status report, written statement as well as in the affidavit filed by them. The notified vacancies for PA/SA from GDS are
125. On the one hand, in the status report and written statements, the respondents had shown actual vacancies for PA/SA from GDS as 33 but since surplus OAs. 156, 255 of 2020 & 08/2021 27 officials have been working in some divisions, actual vacancy in PA/SA is zero as on 31.12.2019 whereas in the affidavit vacancy has been shown as 75 based on the assessment made by constituted Committee.
17. In the case of Smti Swati Chakraborty (supra), this Tribunal held that after inclusion of name in the select list, cancellation of the select list without opportunity is violative of principles of natural justice and illegal. Said decision was upheld by the Hon'ble Gauhati High Court vide judgment and order dated 18.11.2013 in WP (C) No. 462/2013. In the case of East Coast Railway & Another (supra), the Hon'ble Apex Court held that though a candidate, who had passed an examination or whose name appears in select list does not have an indefeasible right to be appointed, yet appointment cannot be denied arbitrarily, nor can selection test be cancelled without giving proper justification. In the case of Anil Kumar Sarma (supra), cancellation of same LDCE 2019 for OAs. 156, 255 of 2020 & 08/2021 28 recruitment to the post of PA/SA from Postman (Group C)/Mail Guard/Dispatch Rider and MTS in Rajasthan Circle was challenged before the Jaipur Bench of the Tribunal. By way of a detailed order dated 18.12.2020, the Jaipur Bench set aside the cancellation order dated 03.04.2020 and directed the respondents to declare the results.
18. In the present cases, apropos, cancellation of the impugned selection process, the Headquarters of the Postal Department vide its letter dated 02.02.2021 had already observed as under:-
―(i) If there was some mistake in calculation of vacancies, the result should have been worked out as per the revised vacancies.
(ii) As regards CCTV surveillance, even if there were instructions of Directorate to ensure but there should have been sound ground of cancelling the entire exam process. There is no clarity whether any complaint was received as regards malpractices in exam and whether those were found genuine.
OAs. 156, 255 of 2020 & 08/2021 29
(iii) As regards discrepancies in evaluation of OMR sheets, the same could have been rectified.
(iv) There were no specific instructions for the work of setting of question papers including in local language, under CCTV surveillance etc. from Directorate. The ground is very flimsy.
2. The following action may be taken in this regard immediately:-
(i) All the documents relating to the examination to be preserved.
(ii) Details of court cases if any, filed in this regard to be examined.
3. In view of above, Competent Authority has desired that a self-contained report on the aspects mentioned in para 1 above may be intimated along with reasons for not consulting with Directorate before taking the decision for cancellation of examination.‖
19. From the above, it is also clear that the respondent no.2 had not consulted with the Competent Authority in the Ministry of Communication, Department of Posts before cancelling the LDCE 2019. The Headquarters had also observed that if there is mistake in calculation of OAs. 156, 255 of 2020 & 08/2021 30 vacancy, result could have been worked out as per revised vacancies. It is also not clear whether the respondent no.2 had complied with the observations/directions made in para 3 of the Headquarters. It is also the specific case of the applicants' side that no complaint whatsoever has been made from any corner regarding any malpractice, if any in the LDCE 2019 which has also not been controverted by the respondents. Though the respondents tried to justify the cancellation on the ground of abnormal vacancies, they have not been able to convince this court as they themselves were not sure about the actual number of vacancies, as they failed to take uniform stand as regards number of actual vacancies on different occasions. The grounds set forth by the respondent no.2 in letter dated 08.01.2021 in support of his cancellation of the LDCE 2019 had already been negated by the OAs. 156, 255 of 2020 & 08/2021 31 competent authority by the Headquarters, Directorate of Posts, as mentioned above.
20. It is further noted that as per the respondents, since there was zero vacancy due to 78 surplus officials in various divisions, one of the grounds based on which, they had cancelled the examination but the fact remains that notification dated 05.08.2019 is still in vogue. Therefore, in our opinion, since the vacancy was declared as 125 by the notification dated 05.08.2019, which is still in force, the examination held on 15.09.2020, based on above notification dated 05.08.2019 cannot be cancelled on that ground.
21. In view of the above, we are of the considered opinion that the impugned cancellation of LDCE 2019 is highly unjust and arbitrary. Accordingly, impugned notification dated 10.12.2020 (Annexure-A1 in OA.8/2021) is quashed and set aside.
OAs. 156, 255 of 2020 & 08/2021 32 Respondents are directed to declare the result of LDCE 2019 and complete the procedure of appointment in the post of PA/SA pursuant to notification dated 05.08.2019. The above exercise shall be completed, as early as possible, but not later than six weeks from the date of receipt of this order. Once the above exercise is complete, respondents are free to go ahead with the subsequent LDCEs for which notifications had already been issued.
22. All the three OAs are allowed with above terms. Consequently, the MAs are also disposed of.
(DR. SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
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OAs. 156, 255 of 2020 & 08/2021