Central Administrative Tribunal - Ernakulam
P.M.Padmanabhan vs A. Abdusalam on 3 April, 2009
CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Contempt Petition No. 55 of 2008 in Original Application No.704/06 Friday, this the 3rd day of April, 2009 C O R A M : HON'BLE DR.K.B.S.RAJAN, JUDICIAL MEMBER HON'BLE MS. K. NOORJEHAN, ADMINISTRATIVE MEMBER P.M.Padmanabhan, S/o.late Krishnakurup, Working as Postman (Officiating), Vadakara Head Post Office, GDS MD, Kurinhalayode BO, Villappilly SO, Vadakara Postal Division. Residing at Sreepadmam, Kurinhalayode, Villappilly (via), Vadakara - 673 542. ..... Applicant/Petitioner (By Advocate Mr. O.V. Radhakrishnan (Sr.) with Ms. K. Radhamani Amma) v e r s u s 1. A. Abdusalam, S/o. Shri Kunhammad, Superintendent of Post Offices, Vadakara Division, Vadakara : 673 101 2. Hilda Abraham, D/o... Not known to the Petitioner, Postmaster General, Northern Region, Kozhikode. 3. Dr. Uday Balakrishnan, S/o. Late V. Balakrishnan, Chief Postmaster General, Kerala Circle, Thiruvananthapuram. .... Respondents. (By Advocate Mr. P.A. Aziz, ACGSC) The Contempt Petition having been heard on 17.02.09, this Tribunal on 3.4.09 delivered the following :- O R D E R
HON'BLE DR. K B S RAJAN, JUDICIAL MEMBER OA No. 704/2006 was disposed of on 23rd April, 2007 with the following directions:
"Therefore, in view of the legal position as settled above, the OA is allowed. Respondents are directed to take immediate steps for filling up the promotional vacancies in the cadre of Postman for the year 2004-05 in Vadakara Post Office and to consider the applicant in accordance with his seniority and his eligibility in terms of the Recruitment rules. This exercise shall be completed within a period of four months from the date of receipt of a copy of this order. No order as to costs."
2. An unsuccessful attempt had been made by the respondents in filing a Review Application No. 32 of 2007, which was dismissed on 28th February 2008.
3. Writ petition (C) No. 19182/08 filed was also dismissed on 7th July 2008.
4. The applicant had filed the contempt petition No. 55/2008 in June 2008 on receipt of which, this Tribunal directed the Superintendent of Post Office, Vadakara Division to file compliance report. As the requisite compliance report was not filed on the ground that it was proposed to file SLP against the order of this Tribunal/judgement of Hon'ble High Court, respondents were directed to either file stay order, if any, from the Apex neither happening, the Superintendent , Vadakara Division to be present on the next day scheduled on 17-11-2008. On the scheduled date, the Superintendent of Post Offices, Vadakara was present with his counsel and submitted that all out efforts were being made to implement the order of the Tribunal and in so far as action to be taken at the circle level, the same had been completed and final nod is awaited from the D.G. for which, four weeks' time was sought. The time so sought was granted and the case was directed to be listed on 5th January 2009 and a copy of the order dated 17th November, 2008 was directed to be sent to the D.G. for ensuring compliance.
5. On 5th January 2009, respondents filed an affidavit which appeared prima facie satisfactory and compliance of the order could be discerned. However, counsel for the applicant sought some time to verify the factual points from his clients and hence the case was again listed on 16th January, 2009. On 16th January, 2009, as the counsel for the applicant submitted that the affidavit filed by the respondents was factually incorrect, he was permitted to file objections and the case was again listed on 29th January 2009 and thereafter, at the request of the applicant's counsel on 17th February 2009.
6. In their affidavit, the respondents have stated as under:
(a) There were four vacancies in the cadre of Postman in Vadakara Division in 2004. One was, thus, to be filled up under the 25% seniority quota. This has already been filled up by appointing Shri N.K. Ramachandran GDS MD, Moilothara.
(b) In 2005, there were 12 vacancies in the cadre of postman.
If screening committee cut is not applied, three vacancies are to be filled up under the seniority quota. Of these, one vacancy was already filled up by appointing one Shri N.K. Balachandran, GDSMD, Koroth Road. Hence, two vacancies remaining unfilled were to be filled up to comply with the orders of this Tribunal.
(c) Selection has already been made for appointment against the two vacancies. Selected candidates are undergoing the present appointment training and will be completing the training on 21-02-2009 and these would be appointed at Vadakara Head Post Office after completion of training. The two are the senior most eligible willing Gramin Dak Sevaks, viz T. Govindan, GDSMD, Ponmeri Parambil Branch Post Office and Shri C.P. Kumaran, GDS MD, Cherumoth Branch Post Office.
7. The applicant has filed his objection stating that N.K. Balachandran (Sl. No. 74 of the seniority list) being rank junior to the applicant (69 of the seniority list), appointment of N.K. Balachandran is in flagrant violation of the order of this Tribunal, as the Tribunal mandated the respondents to fill up the vacancies of 2004 2005 and if the applicant is eligible as per seniority, he be considered. Hence, the senior counsel contended that the respondents have courted contempt.
8. The first respondent has furnished the details of action taken vide his affidavit dated 02.01.09, which reads as under:
" It is submitted that a meeting of the Departmental Promotion Committee was held by the First Respondent on 15.12.08 after getting approval from Respondent No. 2 to implement the orders of the Hon'ble Tribunal. The Committee considered the case of the applicant in the above OA and found that he has crossed 50 years of age as his date of birth is 12.11.1956. Hence the Committee decided to get advice from the Respondent No.2 regarding appointment of the applicant. A copy of the Minutes of the DPC proceedings dated 15.12.08 is furnished herewith and marked as Annexure R-1.
The Respondent No. 2 directed Respondent No. 1 to take action according to rules and instructions and comply with the orders. Accordingly, a review DPC was held by the First Respondent on 29.12.08. The Committee observed that as per the Recruitment Rules in the cadre of Postman laid down in DG Posts, New Delhi, letter No. 4431/87-SPB-I dated 6.7.89 communicated in CPMG, Kerala Circle, Trivandrum, letter No.Rectt/12-1/Rlg.V dated 19.07.89 no age and educational qualification is prescribed for appointment in the cadre of Postman by promotion. Since the Hon'ble Tribunal has ordered to treat the recruitment of GDS under seniority quota as promotion, it was decided by the Committee to fill up the vacant post from among the senior-most GDS in the division disregarding the age limit of 50 years being imposed. Accordingly, two senior-most GDS were selected. A copy of the Minutes of the DPC dated 29.12.08 is produced herewith and marked as Annexure R2. It was subsequently found that one GDS selected was not eligible for appointment as she has crossed 60 years of age. The other GDS, is not willing to accept the post.
Under these circumstances one more meeting of the DPC was held on 02.01.09 to make selection to the posts. It has been decided by the DPC to issue appointment orders to the senior most eligible and willing GDS after ascertaining their willingness. For this purpose, a panel of GDS have been prepared by the DPC. A copy of the DPC minutes dated 02.01.09 is produced herewith and marked as Annexure R3.
It is submitted that action has been taken to ascertain willingness from two senior-most GDS."
9. The chronological sequence of events reflect that the respondents have given due priority to the case and action taken has been satisfactory.
10. In view of the above, the Contempt petition is dismissed and the notices discharged.
(Dated, the 3rd April, 2009) (K. NOORJEHAN) (Dr. K B S RAJAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER cvr.