Central Administrative Tribunal - Jabalpur
Piyush Shukla vs D/O Post on 8 January, 2024
1 OA No.200/454/2011
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/454/2011
Bilaspur, this Monday, the 08th day of January, 2024
HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MR. KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
Piyush Shukla, aged about 29 years, S/o Shriyut Shrikrishna Shukla, R/o
Choubeyan Tola, Gandhi Gali No.3, Uprahati, Rewa, District - Rewa
(M.P.) 486001.
-Applicant
(By Advocate - Shri Praveen Dubey)
Versus
1. The Union of India, Department of Posts through it's Assistant Director
General (SPN), Dak Bhawan, Sansad Marg, New Delhi - 110001.
2. The Chief Postmaster General, Madhya Pradesh Circle, Bhopal (M.P.)
462012.
3. The Superintendent of Post Offices, Rewa Division & District - Rewa
(M.P.) 486001.
-Respondents
(By Advocate - Shri S.K. Mishra)
(Date of reserving order 30.11.2023)
ORDER
By Akhil Kumar Srivastava, JM.-
The applicant is seeking direction to the respondents to appoint him on the post of Postal Assistant in the Civil Division in pursuance to advertisement at Annexure A-1.
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2. The applicant has sought for the following reliefs:
"8.i) To issue a Writ in the nature of Mandamus, commanding, Respondents to consider & appoint Applicant on the post of Postal Assistant, in the Civil Division of Respondents no.2 & 3, from the date his contemporaries, were appointed, pursuant to Advertisement (Ann.A/1) & grant him all the monetary & consequential benefits arising thereof;
ii) To issue a Writ in the nature of Certiorari, quashing letter/order letter dated-7.6.2007 (Ann.A/12), issued by Director, Recruiting (RO HQ), Jabalpur and also Communication dated -12.6.2007 (Ann.A/13) & 26.6.2007 (Ann.A/14), issued by Respondent no.3;
iii) To call for entire relevant records; for kind perusal of this Hon'ble Tribunal;
iv) Any other relief's deemed fit on facts and circumstances of the instant case."
3. Brief facts of the case are that an advertisement was published by the respondent No.2 for filling up various posts of Postal Assistant, Office Assistant, Scrutiny Assistant and Army Postal Service Assistant lying vacant in Madhya Pradesh circle.
3.1 The applicant submits that in the preference list, he has given preference for the post of Postal Assistant at sr. no.1 and for the post of Army Postal Services Assistant at sr. no.5.
3.2 The applicant appeared in the examination conducted by the respondent No.2 and was selected for the post of Postal Assistant. However, his services were sent on deputation to Army Postal Services. In the selection letter dated 20.11.2003 (Annexure A-2), it was mentioned that his appointment in Army Page 2 of 10 3 OA No.200/454/2011 Postal Services is provisional against vacancy of OC category in Postal division Rewa subject to fulfillment of required physical and medical standards prescribed by the Army Head Quarter.
3.3 As per letter dated 24.11.2006 (Annexure A-3), the applicant was asked to appear for medical examination to be held on 21.12.2006. 3.4 The applicant submits that he has successfully undergone the medical examination and, therefore, he was issued with an offer of appointment dated 28.03.2007, whereby he was shown to be exclusively selected for Army Postal Services.
3.5 In pursuance to appointment order, the applicant submitted his joining under the respondent No.3 on 02.04.2007, which was duly accepted and as per the memo dated 18.04.2007 (Annexure A-11), the applicant was asked to report the office of Offg Director Recruiting RO (HQ). The applicant reported on duties before the said authority but was asked to go back, without assigning any reason.
3.6 Subsequently, the applicant received a letter dated 07.06.2007, whereby he was informed that he has been found unfit due to not meeting the laid down criteria of minimum height i.e. 157 cm. The respondent No.3 has also sent the Page 3 of 10 4 OA No.200/454/2011 same communication to the applicant on 12.06.2007 (Annexure A-13) stating that he has been declared unfit for the post of Army Postal Services on medical ground.
3.7 The applicant approached the respondent department to provide him alternative job in the post of Postal Assistant as per his preference. Since, no heed was paid to his request, the applicant approached the Hon'ble High Court of Madhya Pradesh by filing Writ Petition registered as WP No.6920/2007. However, the same was withdrawn by the applicant on 16.04.2010 with liberty to approach this Tribunal. Hence this OA.
4. Learned counsel for the applicant argued that the applicant had applied for the post of Postal Assistant in Civil Division of respondents. But, he was selected for the post of Army Postal Services. The entire recruitment/selection process was conducted by the respondent No.2 as also the appointment order was issued by the same authority. The applicant was also declared fit in the medical examination pursuant to which he was given appointment order and joining letter also. The original and substantial appointment of the applicant was for the post of Postal Assistant and he was only sent on deputation to Army Postal Services, maintaining his lien with respondent No.3. If the Army Postal Services declared him unfit, the respondents should have appointed the Page 4 of 10 5 OA No.200/454/2011 applicant in their Civil Division as Postal Assistant as there was no misrepresentation on behalf of the applicant.
5. Along with the Original Application, the applicant has also filed one Miscellaneous Application, i.e. MA No.443/2011 seeking condonation of delay in filing the Original Application, wherein he has stated that upon withdrawal of Writ Petition, the applicant could not approach this Court within stipulated time due to his illness. He has also stated about his financial condition, which had caused delay in approaching this Tribunal.
6. In their reply, the respondents have stated that the in pursuance to the advertisement (Annexure A-1), the applicant submitted his application dated 23.08.2005 exclusively for service in Army Postal Service along with medical certificate as required for applying in Army Postal Service. Being successful in the examination, the applicant was allotted Rewa Postal Division for deputation to Army Postal Service and thereafter the applicant was directed by the respondent No.3 to report RO HQ Rtg. Zone Jabalpur on 21/22.12.2006 for medical examination. He was declared medically fit vide HQ Rtg. Zone Jabalpur vide letter dated 13.01.2007. Accordingly, the applicant was appointed as Postal Assistant provisionally for deputation to Army Postal Service under the terms and conditions applicable to Army Postal Services. Page 5 of 10 6 OA No.200/454/2011 The applicant joined on 02.04.2007 at Rewa Division and was relieved on the same day to report at Bran Recruiting Officer (BRO) Jabalpur for further orders. Subsequently, on final checking of records of the applicant, he was found physically unfit for deputation to APS as he was not fulfilling the minimum criteria of height i.e. 157 cm.
6.1 Although the applicant had given choice for Postal Assistant and Army Postal Services in his application form, but sent his application to respondent No.2 to whom application relating to recruitment of APS quota were required to be sent. If the applicant want to apply for Postal Assistant in Post Offices, he was required to send separate application to concerned Unit/Division as mentioned in Part "d" "Mkd lgk;d" of advertisement.
6.2 The applicant was not found physically fit by BRO as physical fitness is compulsory for Army Postal Services as per Recruitment Rules.
7. Learned counsel for the respondents referred to Page 10 of the reply, wherein special terms and conditions for Postal Assistants in Army Postal Services are provided, which clearly says that candidates, who are not found physically and medically fit by BRO will not be appointed and they will have no right to claim any appointment either in civil or in Army Postal Services. Page 6 of 10 7 OA No.200/454/2011 He argued that the applicant though claims that he has given the preference for Postal Assistant but has not filed copy of the same. The advertisement at Annexure A-1 specifically states about the application to be preferred to the concerned authority for a particular post. Since the applicant has applied for the post of Army Postal Services, his candidature was considered for the said post and rejected after having found him unfit as per the medical standard prescribed for that post. Learned counsel further added that the applicant cannot be accommodated in Civil Division, which has already been filled. Learned counsel for the respondents relied upon the judgment of Hon'ble Apex Court in State of Orissa and another vs. Rajkishore Nanda and others, (2010) 2 SCC 777, wherein it has been held that vacancies cannot be filled up over and above the number of vacancies advertised as the "recruitment of the candidates in excess of the notified vacancies is a denial and deprivation of the constitutional right under Article 14 read with Article 16(1) of the Constitution", of those persons who acquired eligibility for the post in question in accordance with the statutory rules subsequent to the date of notification of vacancies.
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8. In his rejoinder submission, learned counsel for the applicant argued that the applicant joined even for a day so now employer employee relation is there and the applicant is entitled for reconsideration.
9. We have heard the learned counsel for the parties and perused the pleadings and the documents available on record.
10. As per the advertisement (Annexure A-1), it has been clearly mentioned in Para 3 that "izek.k i=ksa dh lR;kfir izfr;ksa lfgr iwjh rjg Hkjk gqvk vkosnu i= lacaf/kr vf/kdkjh dks jftLVMZ Mkd ;k LihM iksLV }kjk 31-8-2005 rkjh[k rd Hkst fn;k tkuk pkfg, A vU; rjhds ls Hksts x, vkosnuksa ij fopkj ugha fd;k tk,xk A vafre rkjh[k ds ckn izkIr vkosnuksa dks jn~n dj fn;k tk,xk vkSj bl laca/k esa dksbZ i=kpkj ugha fd;k tk,xk A" It further provides that for the post of Postal Assistant, the application is to be sent to the Senior Superintendent Post Offices of the division; for Sorting Assistant in Railway Mail Service, the concerned authority is Superintendent, Railway Mail Service, Madhya Pradesh Division, Bhopal and for Postal Assistant in Savings Bank Organization and Circle Office, Bhopal as also for the post of Postal Assistant in Army Mail Service, the application is required to be forwarded to the Chief Postmaster General, Madhya Pradesh Circle, Bhopal. The selection letter of the applicant dated 20.11.2006 (Annexure A-2) as also the appointment letter dated 28.03.2007 (Annexure A-9) makes it clear Page 8 of 10 9 OA No.200/454/2011 that the applicant was selected and thereafter appointed in the cadre of Postal Assistant exclusively for Army Mail Service. The applicant has not produced any document to show that whether he has applied for any other post other than the post of Postal Assistant in Army Mail Services.
11. It is not in dispute that the applicant was issued with the offer of appointment. But whether the said offer of appointment gives any indefeasible right in favour of the applicant especially when he does not fulfill the physical standard as required for the post of Postal Assistants in Army Postal Service? Our answer is in negative. There is specific terms and conditions in the Recruitment Rules (Annexure R-1) for appointment of Postal Assistants in Army Post Services, as per which, candidates, who are not found physically and medically fit by BRO will not be appointed and they will have no right to claim any appointment either in civil or in APS, even if they are in merit list for APS. In the present case, the BRO, which is the recruiting authority of the applicant, has not found him physically fit as the applicant's height was short by 2 centimeters. It is an admitted position that the applicant does not fulfill the prescribed criteria of height i.e. 157 cms, as he is only 155 cms tall. Hence, the respondents cannot be compelled to enroll the applicant for deputation to APS when he does not fulfill the required physical and medical standards. Page 9 of 10 10 OA No.200/454/2011 Furthermore, the Recruitment Rules also makes it clear that if not found physically and medically fit by BRO, the candidate has no right to claim any appointment either in civil or in APS. Therefore, the plea of the applicant to provide him alternative job in Civil Division is also not accepted.
12. In view of the aforesaid reasons, we do not find any merit in this Original Application and the Original Application is accordingly dismissed, without there being any order as to costs.
(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
am/-
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