Central Administrative Tribunal - Delhi
Dharmender Sah vs Deptt Of Postal on 20 March, 2023
Item No. 28 OA No. 2241-2022 OA No. 2226/2022 OA No. 2222/2022 Central Administrative Tribunal Principal Bench, New Delhi O.A. No.2241/2022 OA No. 2226/2022 OA No. 2222/2022 This the 20th day of March, 2023 Hon'ble Mr. R.N. Singh, Member (J) Hon'ble Mr. Sanjeeva Kumar, Member (A) O.A. No. 2241/2022
1. Dharmender Sah, S/o Shri Kamal Sah, Aged about 33 years, Postman, R.S. Nagar, Sub Post Office Bhopal, East Division, Bhopal District Bhopal (M.P.) PIN 462003
2. Amit, S/o Shri Kashmir, Aged about 23 Years, Postman, H.E. Hospital, (Attached R.S. Nagar Sub Post Office, Bhopal, East Division, Bhopal, District Bhopal (M.P.) PIN CODE 462003
3. Jaivir, S/o Shri Om prakash Aged about 33 years Postman, University Sub Post Office Bhopal, East Division, Bhopal(M.P.) PIN CODE 462003 ...Applicants Item No. 28 OA No. 2241-2022 OA No. 2226/2022 OA No. 2222/2022 (By Advocate : Dr. Brijender Chahar, Sr. Advocate assisted by Mr. Karan Chahar) Versus
1. Union of India, through the Secretary Ministry of Communication and Information Technology, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi.
PIN CODE : 110011
2. The Additional Director General (DE), Department of Posts (DE Section) Dak Bhawan, Sansad Marg, New Delhi PIN CODE :-110011.
3. The Chief Post Master General M.P. Circle, Bhopal, District Bhopal (M.P.) PIN CODE 462011.
4. The Senior Superintendant of Post Offices, Bhopal Division Bhopal, District Bhopal (M.P.) PIN CODE 462003.
5. The Assistant Superintendant of Post Offices, East Sub Division, Bhopal, District, Bhopal (M.P.) PIN CODE 462003. ...Respondents (Mr. U. Srivastava) O.A. No. 2226/2022 Mohit S/o Shri Ramniwas, Aged about 25 years Postman, Birsinghpur Pali, Sub Post Item No. 28 OA No. 2241-2022 OA No. 2226/2022 OA No. 2222/2022 Office, Shahdol Division DISTRICT SHAHDOL (MP) PIN CODE 484551 ...Applicant (By Advocate : Dr. Brijender Chahar, Sr. Advocate assisted by Mr. Karan Chahar) Versus
1. Union of India through the Secretary Ministry of Communication and Information Technology, Department of Posts, Dak Bhawan, Sansad Marg, NEW DELHI PIN CODE : 110011
2. The Additional Director General (DE), Department of Posts (DE Section) Dak Bhawan, Sansad Marg, New Delhi PIN CODE :-110011.
3. The Chief Post Master General M.P. Circle, Bhopal District Bhopal (M.P.) PIN CODE 462011
4. The Superintedant of Post Offices, Shahdol Division Shahdol, District Shahdol (M.P.) PIN CODE 484001
5. The Sub Divisional Inspector Umaria Sub Division, Umaria District Umaria (M.P.) ...Respondents (Mr. Anoop Kumar for Mr. R.S. Rana) O.A. No. 2222/2022 Item No. 28 OA No. 2241-2022 OA No. 2226/2022 OA No. 2222/2022 Sanjay, S/o Shri Karan Singh, Aged about 28 years, Postman, Malanjkhand, Sub Post Office Balaghat Division Balaghat District Balaghat (M.P.) ...Applicant PIN 481001 Dr. Brijender Chahar, Sr. Advocate assisted by Mr. Karan Chahar Versus
1. Union of India, through the Secretary, Ministry of Communication and Information Technology Department of Posts, Dak Bhawan, Sansad Marg, New Delhi.
PIN CODE :-110011.
2. The Additional Director General (DE), Department of Posts (DE Section), Dak Bhawan, Sansad Marg, NEW DELHI PIN CODE :-110011.
3. The Chief Post Master General, M.P. Circle, Bhopal, District Bhopal (M.P.) PIN CODE 462011
4. The Superintendant of Post Offices, Balaghat Division Balaghat, District Balaghat (M.P.) PIN CODE 481001
5. The Assistant Superintendant of Item No. 28 OA No. 2241-2022 OA No. 2226/2022 OA No. 2222/2022 Post Offices, Balaghat (East) Sub Division, Balaghat, District Balaghat (M.P.) PIN CODE 481001 ...Respondents (By Advocate:Mr. R.K. Jain) Item No. 28 OA No. 2241-2022 OA No. 2226/2022 OA No. 2222/2022 Order (Oral) Mr. R.N. Singh, M(J) Learned counsels for the parties admit that the issue involved in all the captioned OAs is identical and relief sought and the grounds urged are also same. Accordingly, with the consent of the learned counsels for the parties, the matters have been taken up and heard together for final disposal and the same are being disposed of by a common order. For convenience in writing of the order, facts are being taken from OA No. 2241/2022.
2. Undisputed facts of the matters are that pursuant to Notification dated 09.04.2016, inviting applications for direct recruitment to the post of Postman/Mail guard in Postal Divisions/RMS Divisions under Chief Post Master General, M.P. Circle Bhopal, the applicants submitted their candidature for appointment and participated in the relevant selection process Item No. 28 OA No. 2241-2022 OA No. 2226/2022 OA No. 2222/2022 and were also declared successful. However, the appointment was kept on hold by the respondents. The applicants approached the Jabalpur Bench of this Tribunal and the Tribunal disposed of the matter by a common order dated 4.10.2018 giving direction to the respondents to get the verification completed within a period of one month from 28.12.2017. It was further directed that the competent authority amongst the respondents' department shall take a decision regarding appointment of the applicants within a period of 15 days from the date of submission of STF Report or one year whichever is earlier. The said order of the Tribunal was challenged before the Hon'ble High Court of Madhya Pradesh at Jabalpur Bench and the Hon'ble High Court was pleased to dispose of the Writ Petition vide order dated 12.03.2019 (Annexure A-2) wherein the contention of the petitioner was recorded to the effect that the process of appointment pursuant to the directions of the Tribunal was in progress and the department was ready to comply with the directions. The offer of appointment was issued on 25.04.2019 and as such the applicants joined the services of the respondents. However, vide impugned order dated 05.02.2021 (Annexure A/8) Item No. 28 OA No. 2241-2022 OA No. 2226/2022 OA No. 2222/2022 and order dated 08.02.2021, the respondents have terminated the services of the applicants even without putting them on any notice. In this background, the applicants have approached this Tribunal praying therein for setting aside of the impugned termination orders, and for issuing direction to the respondents to reinstate the applicants from the date of termination with all consequential benefits such as arrears of salary, continuity in service, career progression etc.
3. Learned Sr. counsel appearing for the applicants submits that the issue involved in the present case is squarely covered by the judgment of this Tribunal vide order dated 30.05.2022l in OA No. 2444/2021 titled Shri Sumit Surajmal vs. UOI and the said order of the Tribunal has attained finality in as much as the SLP No.3280/2023 filed by the respondents against the said order of this Tribunal has already been dismissed by the Hon'ble Supreme Court vide order dated 3.3.2023.
4. On the other hand, though counter reply has been filed on behalf of the respondents to oppose the claim of the applicants, however, Mr. U. Srivastava, learned counsel for the respondents submits that the issue involved in the present OA is identical to that Item No. 28 OA No. 2241-2022 OA No. 2226/2022 OA No. 2222/2022 in the case of Mr. Sumit Surajmal (supra). He further submits that against certain identical orders of the Tribunal as being in the case of Shri Sumit Surajmal (supra), the respondents have filed WP before the Hon'ble High Court of Delhi, one being 1612/23 is still pending adjudication before the Hon'ble High Court and the said matter along with a few connected matters are scheduled for hearing on 09.05.2022. Mr. Jain, learned counsel appearing in one of the OAs also does not dispute that the issued involved in the present OA is identical to that in the case of Mr. Sumit Surajmal (supra). However, Mr. Jain has raised preliminary objection i.e., (i) the applicant in OA No. 2222/2022, has not challenged the termination order dated 5.2.2021 and he has challenged only the relieving order dated 5.2.2022; (ii) the applicant was given conditional appointment keeping in view the conditions as incorporated in the impugned order.
5. In one of the OAs, learned counsel for the respondents has adopted the arguments advanced by Mr. U. Srivastava.
6. From the aforesaid, it is evident that the issue involved in the matter is admittedly identical to that in the case of Mr. Sumit Surajmal (Supra) in which the judgment of the Tribunal has Item No. 28 OA No. 2241-2022 OA No. 2226/2022 OA No. 2222/2022 attained finality, in view of the dismissal of the SLP by the Hon'ble Supreme Court on 3.3.2023. Though learned counsel for the respondents submits that the identical WPs are pending before Hon'ble High Court of Delhi, we are of the view it should not be a reason for us not to follow the judgment of the Co-ordinate Bench of this Tribunal which has attained finality up to the Hon'ble Apex Court. So far as objection raised by the learned counsel Sh. Jain is concerned, we have gone through the pleadings in the matter, and we find that the applicant has specifically challenged the order of termination and he has annexed a copy of the order dated 5.2.2021 praying for setting aside his termination and re- instatement his service. Learned counsel for the applicant, under instructions, has submitted that only a copy of the relieving order was served upon the applicant. Moreover a copy of the termination order also of the same date i.e. 5.2.2021 has already been placed on record by the respondents. Further, the termination order is also identical as available in the other two OAs and termination has been challenged by the applicants, we are of the considered view that such objection does not deserve to be sustained in law.
Item No. 28 OA No. 2241-2022 OA No. 2226/2022 OA No. 2222/2022 6. In view of the aforesaid, the OA is partly allowed. The
impugned orders of termination are set aside. The respondents are directed to re-instate the applicants. The applicants shall be entitled for consequential benefits in accordance with rules and instructions. The aforesaid exercise shall be completed by the respondents as expeditiously as possible and preferably within six weeks from the date of receipt of a copy of this order. However, the respondents shall be at liberty to proceed against the applicants, if they are so decide in accordance with relevant rules and instructions. However, in the facts and circumstances, there shall be no order as to cost. A copy of the order may be placed on the files of the aforesaid OAs.
(Sanjeeva Kumar) (R.N. Singh)
Member (A) Member (J)
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