Central Administrative Tribunal - Ernakulam
Mr.K.Ajeesh vs Union Of India on 25 October, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/516/2016
Monday, this the 25th day of October, 2016
CORAM:
Hon'ble Mr. Justice N.K.Balakrishnan, Judicial Member
Ho''ble Mrs.P.Gopinath , Administrative Member
1. Mr.K.Ajeesh
S/o.Sri.Radhakrishnan
GDS MD, Nannamukku South, Tirur Division
Tirur 676 104, Residing at Kondettil House,
Thuyyam, Edappal P.O, Malappuram District
2. P.Sudeep, S/o.Vasu
GDS MD, champrassery Post
Manjeri Division, Manjeri - 676 521
Residing at Pariyarath House
Champrassery P.O, Malappuram District ... Applicants
(By Advocate -Mr.Shafik M.Abdulkhadir)
Versus
1. Union of India, represented by
Chief Postmaster General, Kerala Circle
Thiruvananthapuram - 695 033
2. The Superintendent of Post Offices
Tirur Division, Tirur - 676 104
3. The Superintendent of Post Offices
Manjeri Division, Manjeri - 676 121 ... Respondents
(By Advocate - Mr.N.Anil Ravi)
This Original Application having been heard on 28.9.2016, the Tribunal on
25.10.2016 delivered the following:
ORDER
By Hon'ble Mrs.P.Gopinath, Administrative Member The applicants are aggrieved by the refusal of the respondent nos.2 & 3 to relieve them so as to enable them to join Army Postal Service on deputation. The applicants are working as Gramin Dak Sevaks under the 2 nd and 3rd respondents. The first respondent on a request from the Army Recruitment Office, issued a notification dated 19.8.2015 calling for filling up of the posts of multi tasking staff for the year 2015. The applicants applied for the posts of APS as they were eligible for the same as per Annexure A-1 notification. The applicants appeared for the Written Examination on 25.10.2015 and cleared the same which qualified them for deputation to APS, subject to medical fitness. 2 nd and 3rd respondent have send them for medical examination and the applicants have qualified in that too. The Army recruitment office have requested the respondents to relieve the applicants and directed the applicants to report on 10.3.2016 along with the required documents. However, the respondent has not relieved them. 2 Applicant submitted that the requirement of the army is intimated to the 1 st respondent, who has to recruit willing candidates from the circle and it was not necessary to divide the vacancies among all the divisions. Instructions exist to send surplus qualified candidates in a division to other divisions where there is dearth of qualified candidates. In the subsequent Notification issued for the same examination to be held on 31.7.2016, the 1 st respondent's office has inserted a Note regarding APS as follows:
' The merit list of qualified candidates will be
prepared circle level, the qualified candidates will be
allotted to divisions where vacancy exists and the
concerned Divisional Head will initiate action for dispatching the candidate to concerned ARO/BRO for medical checkup.' Hence the respondent is accepting the above contention of the applicants. 3 A similar policy ought to have been followed in applicants recruitment also. Applicants contend that the action of the first respondent in not passing appropriate orders on Annexures A-7 and A-8 representations is only to deny the applicants the post in APS, especially when vacancies of Palakkad, Calicut and Vadakkara divisions are not filled due to dearth of qualified candidates. 4 The Recruitment Rules framed by the Department very clearly provides for the mode of recruitment and reads as follows:
'(iv) 25% by direct recruitment on the basis of the competitive examination restricted to the Gramin Dak Sevaks of the recruiting division or unit for joining Army Postal Service only as Sepoy/Packer subject to the following conditions:-
(a) Age 18-30 years (relaxable for different categories as notified by the Government of India from time to time).
(b) Found medically fit as per fitness criteria fixed by the Department of Posts/Army Postal Service from time to time.
(c) Willing to serve in Army Postal Service till his services are required in the Army Postal Service.
Failing (i), (ii), (iii) and (iv) above by direct recruitment from open market.
(if there are more than one neighbouring Division or Unit the senior most casual labourer of that status amongst them shall be appointed) Explanation
1. For Postal Division or Unit, the neighbouring Division or Unit, as the case may be, shall be the Railway Mail Service Sub Division and Vice Versa.
2. The afore mentioned examinations shall be governed by the instructions issued by the Department of Posts regarding the short listing criteria of the applicants for Army Postal Service and from open market, syllabus and pattern of the test etc. from time to time.' 5 It is submitted that Clause 5 of Annexure A-3 notification is in gross contravention to the aforesaid rules and is liable to struck down by this Tribunal in the interest of justice.
6 It is also submitted that the action of the 2 nd respondent in relieving one Mr.K.Anil from Tirur Division and not relieving the 1 st applicant and the action of the 3rd respondent in relieving one Mr.T.V.Kailasnath and not relieving the 2 nd applicant is vitiated by malafides and is violative of Articles 14 & 16 enshrined in the Constitution of India. Reliefs sought by applicant is to declare that the applicants herein are entitled to be relieved from their respective divisions with immediate effect in order to join APS as per Annexures A-5 and A-6. 7 Respondents in their reply statement submit that the Annexure A-4, Annexure A-5 and Annexure A-6-1 are issued by Col.Anil Thakur, Director Recruit ARO and West Hill Barracks. He is an officer in the Indian Army under Ministry of Defence. But his name is not arrayed in the list of Respondents in this O.A. Sri.Anil.K (GDSMD Purangu) who had been selected as the meritorious candidate and deputed to APS by respondent no.2 is also not included as one of the respondents in the list of respondents in the instant O.A. Hence, this O.A is defective for non-joinder of necessary parties. Applicant argues that they are contesting their non-relief by respondents and they have no grievances against persons cited above for them to arrayed as respondents.
8. Applicant no.1 Shri.K.Ajeesh appeared for Limited Competitive Examination to the cadre of MTS for the year 2015. The Departmental Screening Committee Meeting was held on 11/11/2015 for selection to the Cadre of MTS on the basis of the results of the MTS examination held on 25.10.2015. The committee prepared the list of qualified/eligible candidates willing for deputation to APS and recommended to send these candidates for medical examination as per letter No.Rectt/13-2/2015 dated 6.11.2015 of respondent no.1. The said list is produced herewith and marked as Annexure R1(1). In the list prepared the candidates are at Sl.No.3 (Roll No.32173) Sri.Anil.K (GDSMD Purangu) marks secured 67 out of 100, Sl.No.5 (Roll No.32196) Sri.Anilkumar.M.(GDSMD Tanalur) marks secured 62 out of 100 and at Sl.No.6 (Roll No.32162) Sri.Ajeesh.K (GDSMD Nanamukku) the applicant in the O.A who secured 60 marks out of 100.
9. Sri.K.K.Jayasankar, Senior Superintendent of Post Offices, Palakkad Division, Palakkad- 678 001 was nominated as nodal officer for ARO Calicut in connection with deputing MTS in r/o Tirur division and Manjeri Division. Vide lr.No.Rectt/13-2/2015 16/11/2015 of respondent no.1 Nodal officer vide letter No.B2/MTS Rectt/2015 dated 18.11.2015 called for a list of candidates in the proportion of 3 candidates for 1 vacancy to be deputed for medical examination in Tirur Division and Manjeri Division. In Tirur division as there was only one vacancy a list of three meritorious candidates who were willing to undergo the preliminary medical examination scheduled to be held on 22.12.2015 at ARO Calicut was forwarded. The list comprised of 1.Sri.Anil.K.GDSMD Purangu, 2. Sri.Anilkumar.M. GDSMDF Tanalur, 3. Sri.Ajeesh.K.GDSMD Nanamukku.
10. Senior Superintendent of Post Offices, Calicut Division informed Respondent no.1 vide letter No.B 3/61/2015 dated 22.12.2015 the list of candidates who attended the medical examination and also the list of candidates who failed to attend the medical examination, with copy invoiced to the respondent no.2. Vide letter No.B3/61/2016 dated 28.12.2015 of Senior Superintendent of Post Offices, Calicut division the list of candidates who were selected after medical examination was intimated. Also it was informed that all the other candidates were directed to appear at INS Sanjeevani, Kochi for re-medical examination within 3 weeks. Army Recruiting Office, West Hill Barracks, Calicut - 673 005 issued call letters to both Applicant No.1 and Sri.Anil.K, GDSMD, Purangu who was the first meritorious candidate. Respondent no.2 issued a letter vide letter No.B2/Rectt/MTS/2015 dated 11.03.2016 (Annexure R3(1) to Director recruiting ARO, West Hill Barracks seeking the final result of re-medical examination and enrolment application of Sri.Anil.K.M. It was also stated in the above letter that only one vacancy was notified in the UR vacancy for APS recruitment in Tirur Division. There was no response from ARO Calicut in this regard. Hence as per recruitment rules, the first meritorious candidate Sri.Anil.K GDSMD Purangu who had received the call letter from the Director Recruiting, West Hill Barracks was deputed to APS from Tirur Division. The claim of the applicant no.2 that he was not relieved by the respondent no.3 despite repeated requests made etc. is denied. Applicant no.2 cannot be relieved and directed to join at Army Postal Service since he was not selected in the competitive examination for deputation to Army Postal Service held on 25.10.2015 as there was only one vacancy set apart for this division and Sri.Kailasnath T.V with roll No.31048 at Sl.3 of minutes of DSC dated 11.11.2015 with total marks 70 was selected for the above vacancy. The applicant was the forth candidate with 68 marks. Similarly, applicant cannot challenge clause 5 of notification, this being a departmental policy. In the Annexure A-1 itself under eligibility conditions in para 3-A, it was proposed to conduct competitive examination and not qualifying examination.
11. Applicant no.2 was placed in the 4 th position according to his merit in Annexure R-4(1) where as there was only one vacancy for direct recruitment quota division wise and only one vacancy for APS.
12. Annexure R-5 letter No.Rectt/13-2/2015 dated 16.11.2015 of respondent no.1, from the list of willing meritorious candidates, 2 of 3 willing meritorious candidate were to be suggested for undergoing medical examination at ARO Calicut. The criteria for selection was not only merit in the examination, but passing the medical examination of the ARO. As such as per Annexure R-4(1), first three candidates only should have been deputed for medical examination. Hence, applicant should not have been included in the list of candidates to be selected for medical examination. However, candidate at Sl.(1), Sri.Harikrishnan.A, GDSMD, Pathar was already qualified in the competitive examination held for selection to the post of Postman on 11.10.2015. Hence, Applicant No.2 was also included for medical examination vide Annexure A-3. In the Annexure A-3 it was clearly mentioned that applicant has only been recommended for medical examination. Accordingly, candidate at serial 3 in Annexure R-4(1) who is senior to the applicant no.2 by merit in the examination was selected for deputation to Army Postal Service vide Respondent No.1 memo No.Rectt/13-2/2015 dated 01.01.2016 as there was only one vacancy to be filled that post was filled with the selected candidate. Regarding Annexure A-6(1), Annexure A-4, Annexure A-5 produced by the applicants, it is informed that intimation of selection and relief is to be issued by the recruiting postal division and not by APS. The first respondent vide letter No.Rectt/103/2015 at Trivandrum-695033 on 11.3.2016 had directed the 3 rd respondent to b� depute the most meritorious candidate in examination, if found medically fit . Sri.Sudeep P cannot be deputed to APS for the vacancies of other divisions as per Annexure R- 7 which directed to depute the most meritorious candidate.
13. Heard counsel for applicant and respondent and perused written submissions made.
14 The respondent's argument is that in the Postal Division of the applicants, the more meritorious candidates than the applicants have been deputed as per vacancy notification. Having accepted this fact, applicant is making a request to be deputed to APS against the 25% DR quota of the Limited Departmental Competitive Examination for joining APS against vacancies of other Postal and RMS Division where no or fewer candidates have qualified against the notified vacancy. The applicants' claim is that having passed the exam and succeeded in the medical test, they may be considered for deputation to APS against such unfilled vacancy. The respondent argues that there may be other similarly situated persons. But they are not before us in the Tribunal. 15 The respondent informs that in the recruitment made there are one each unfilled APS vacancy in Idukki, Ernakulam and RMS TV Division. There are two unfilled APS vacancy in RMS EK Division. There are also I0 unfilled APS vacancy in RMS CT Division which is a neighbouring Division. Thus respondent admits that there are 15 unfilled vacancies. In the subsequent notification dated 31.7.2016 at serial 5 of A 1O(1) a provision has been incorporated that in the examination for recruitment to the Army Postal Service from amongst GDS in Kerala Circle, selected candidates will be adjusted against vacancies of Idukki, Ernakulam, RMS TV, RMS EK and RMS CT Divisions. Hence there is obviously unfilled vacancy and a provision for adjustment of candidates against vacancies of other Divisions. There is no rider that only GDS of these vacancy Division should apply. Examination is open to GDS in entire Kerala circle. Whereas in other Divisions the number of unfilled vacancies are small, in the neighbouring RMS CT Division the number of unfilled APS vacancies are 10. Thus there is a case for adjusting qualified candidates against unfilled vacancies.
16. The applicants are therefore, directed to be deputed to APS within three weeks by adjusting them against 2 of the 10 unfilled vacancies of neighbouring RMS CT Division as there is such a provision in Column 10(iv) of the Annexure A 9(v) recruitment rules produced. This is also we note incorporated in the July 2016 notification for APS recruitment issued by respondent. O.A is allowed accordingly.
(MRS.P.GOPINATH) (N.K.BALAKRISHNAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER sv