Central Administrative Tribunal - Cuttack
Subash Panigrahi vs Department Of Post on 5 February, 2025
1 O.A.No. 260/00229 of 2023
CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH, CUTTACK
O.A.No. 260/00229 of 2023
Reserved on 24.01.2025 Pronounced on 05.02.2025
CORAM:
THE HON'BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)
THE HON'BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)
Subash Panigrahi, aged about 32 years, S/o.- Late
Kulamani Panigrahi, resident of At/PO Bhatli, PS
Bhatli, Dist- Bargarh, Odisha, PIN-768030, presently
working as Dak Sevak, Bhatli Sub-Post Office, Dist -
Bargarh, PIN - 768030 (Gr 'D').
......Applicant
VERSUS
1. Union of India, represented through its Secretary cum
Director General of Posts, Dak Bhawan, Sansad Marg,
New Delhi-110001.
2. Chief Post Master General, Odisha Circle, At/P.O.
Bhubaneswar, Dist.:- Khurda, Odisha - 751001.
3. Superintendent of Post Offices, Sambalpur Division,
Sambalpur, PIN -768001.
4. Baishnab Jhankar, Postman, Sambalpur HO,
Sambalpur, PIN - 768001.
5. Aroop Tandi, Postman, Khetrajpur SO, Sambalpur, PIN
- 768003.
......Respondents
2 O.A.No. 260/00229 of 2023
For the applicant : Mr. C.P.Sahani, Counsel
For the respondents : Dr. C.R.Mishra, Counsel
O R D E R
PRAMOD KUMAR DAS, MEMBER (A):
Case of the applicant in nutshell is that he belongs to SC community and was appointed as GDS MD, Bijepur SO under Bargarh HO of Sambalpur Division on 26.03.2014 and, while he was continuing as such, respondent No.2 issued notification dated 15.07.2022 (A/2) inviting applications from eligible GDS candidates having 5 years of regular service to appear at the Limited Departmental Competitive Exam (in short LDCE) for promotion to the cadre of Postman & Mail Guard. It is submitted by Ld. Counsel for the applicant that the applicant being eligible submitted his application on 27.07.2022 (A/7) as an SC candidate and, having become successful in the written test he appeared at the Data Entry Skill Test (DEST)on 13.11.2022. It is submitted that the result of said LDCE was declared vide memo dated 04.01.2023 (A/4) where the two SC posts of Sambalpur Division were shown as unfilled. 3 O.A.No. 260/00229 of 2023 Thereafter, respondents issued result of surplus qualified candidates vide memo dated 23.01.2023 to fill up the unfilled LDCE vacancies and, in pursuance of the said result, private respondent Nos. 4 and 5 were selected against the two SC vacancies of Sambalpur Division. Since the applicant was an SC candidate and had qualified both in the written as well as DES test but was not selected against the SC vacancy, he sought copy of his application dated 27.07.2022 under RTI Act. On receipt of his application, he found that although he had applied as an SC candidate but surprisingly at the time of scrutiny the departmental authorities changed his community from SC to UR arbitrarily and illegally behind his back without communicating him any reason. Being aggrieved with such action of the respondents and his non-selection to the cadre of Postman, applicant has filed this OA with the following reliefs:
"(i) Admit the Original Application, and
(ii) After hearing the counsels for the parties, further be pleased to hold the result vide Memo No. RE/30-22/2022-Ch.I dated 04.01.2023 at Annexure A/4 and result of surplus qualified candidates for the unfilled LDCE vacancies vide Memo No. RE/30-22/2022-Ch.I dated 23.01.2023 4 O.A.No. 260/00229 of 2023 at Annexure A/5 in respect to not including the name of the applicant as illegal and bad in law.
(iii) And direct the departmental respondents to give promotion to the applicant to the cadre of Postman from the date of promotion of his juniors by issuing fresh select list with all consequential benefits.
And/or
(iv) Pass any other order(s) as the Hon'ble Tribunal deem just and proper in the interest of justice considering the facts and circumstances of the case and allow this O.A with costs."
2. Respondents by filing counter have opposed the prayer of the applicant inter alia stating that the applicant was appointed as Gramin Dak Sevak, Mail Deliverer, Bijepur Sub Post Office under Bargarh Head Office on 24.03.2014. The Chief Postmaster General, Odisha Circle issued notification vide Memo dated 15.07.2022 inviting applications from eligible GDS officials having 5 years of regular service for appearing at LDCE for promotion to the cadre of Postman and Mail Guard. Applicant submitted his application form dated 27.07.2022 mentioning his category as 'SC' but without any Caste Certificate, hence, in absence of any supporting document, the Seniority List of GDS officials of Sambalpur Division corrected up to 5 O.A.No. 260/00229 of 2023 2020 (R/1) was perused in which applicant's category was mentioned as 'OC'. Accordingly, the admit card was issued to him as an UR candidate. After written examination, applicant was shortlisted for the DEST at Sl. No. 380 of successful candidates as 'UR' candidate but no objection was raised by the applicant at that point. He appeared at DEST on 13.11.2022, result of which was declared vide Memo dated 04.01.2023 but his name did not find place in the list of successful candidates. Since two notified vacancies reserved for 'SC' candidates remained unfilled, the same were filled up by surplus qualified candidates, i.e. private respondents 4 and 5. It is submitted by Ld. Counsel for the respondents that this OA is also hit by Section 20 of the AT Act, 1985 since the applicant has directly rushed to this Tribunal in the instant OA without exhausting the departmental remedy available to him by way of making representation/appeal before the competent authority. Accordingly, respondents have prayed for dismissal of this OA both on the merit as well as being hit by Section 20 of AT Act.
6 O.A.No. 260/00229 of 2023
3. We have heard Ld. Counsel for both sides and perused the materials placed on record including the rejoinder filed by the applicant.
4. Contention of the applicant is that he having applied for the LDCE examination as an SC candidate, respondents suo moto cannot change his category during scrutiny that too without giving any opportunity to him. Respondents, on the other hand, submit that the application form of the applicant was without any supporting documents with regard to his SC category, although applicant had declared the same in the application form. In the absence of original documents, they perused the Seniority List of GDS officials of Sambalpur Division corrected up to 2020 in which applicant's category was mentioned as 'OC' and, therefore, they issued him the admit card as an UR candidate.
5. On perusal of the application form dated 22.07.2022, it is clearly evidently clear that applicant had mentioned his category as 'SC', which, as admitted by the respondents, after verification from the Seniority List of GDS officials of Sambalpur Division, was changed to 'UR' due to non-furnishing of supportive Caste Certificate by the 7 O.A.No. 260/00229 of 2023 applicant along with the application form. The very engagement letter of the applicant annexed at A/1 dated 26.03.2014 clearly shows that the applicant belongs to SC community, hence, the respondents, at no stretch of imagination can be said to be correct in their action to change applicant's category from 'SC' to 'UR'. Further, the declaration made in the application form is unambiguous that particulars furnished in the application form "will be supported by the original documents as and when required". There was no direction for annexing the Caste Certificate along with the application form. Hence, the submission of the respondents that due to non-furnishing of supporting documents along with the application form with regard to his 'SC' category, they had to verify the same from the seniority list and change the same with 'UR' category cannot be accepted without requiring the applicant to produce original Caste Certificate. Accordingly, applicant is granted liberty to produce the original Caste Certificate in respect of his category declared in the application form within a period of 15 days from the date of receipt of a copy of this order and, after production of such certificate, the competent authority of the respondents department shall proceed further in the 8 O.A.No. 260/00229 of 2023 matter as per rules. It is made clear that the entire exercise shall be completed within a period of 60 days from the date of receipt of a copy of this order.
6. With the observations and directions made above, this OA stands allowed to the extent stated above. No costs.
(Pramod Kumar Das) (Sudhi Ranjan Mishra) Member (Admn.) Member (Judl.) RK/PS