Central Administrative Tribunal - Ernakulam
Jisha P U vs The Director General Of Posts Dak Bhavan ... on 21 December, 2023
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00149/2020
Thursday this the 21st day of December 2023
CORAM:
HON'BLE Mr.JUSTICE K.HARIPAL, JUDICIAL MEMBER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER
Jisha.P.U.,
D/o.Sri.P.K.Unnikrishnan,
Aged 29 years,
Presently working as GDS Assistant Branch Postmaster - I,
Vallarpadam BO, Mulavukad Sub Office,
Ernakulam Postal Division - 682 504.
Residing at Purayikkattu House,
South Vellarappally, Sreemoolanagaram PO,
Ernakulam District - 683580. ...Applicant
(By Advocate Mr.Antony Mukkath)
versus
1. Director General of Posts,
Dak Bhavan, New Delhi - 110 001.
2. Chief Postmaster General,
Kerala Circle, Thiruvananthapuram - 695 033.
3. Senior Superintendent of Post Offices,
Ernakulam Postal Division, Ernakulam - 682 011.
4. Union of India represented by its Secretary,
Ministry of Communications,
New Delhi - 110 001. ...Respondents
(By Advocate Mr.P.G.Jayan, ACGSC)
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This application having been heard on 8 th December 2023, the
Tribunal on 21st December 2023 delivered the following :
ORDER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER The applicant, who is presently working as a Gramin Dak Sevak (GDS) Assistant Branch Postmaster - I, Vallarpadam BO under the Ernakulam Postal Division, had applied for recruitment to the cadre of Postman in response to the Notification dated 16.08.2019. The 3rd respondent had issued a notification calling for applications in the prescribed proforma from the GDS of the Ernakulam Postal Division for filling up of the post of Postman in the Division. The applicant submits that after she sent the application and appeared for the examination, she was served with a Memo dated 20.02.2020 informing her that since she had not studied Malayalam as a subject upto 10th Standard, her candidature for the post has been rejected. A copy of the said Memo has been produced as the impugned order at Annexure A-5.
2. It is submitted by the applicant that the Annexure A-5 is clearly illegal, arbitrary, discriminatory and is contrary to facts. The applicant submits that she has knowledge in Malayalam and, in fact, had studied -3- upto 10th Standard in the Malayalam medium. Therefore, the stand of the 3rd respondent that she did not study Malayalam language as a subject in the 10th Standard is liable to be interfered with.
3. The applicant, therefore, sought a direction to call for the records leading to Annexure A-5 and to set aside the same. She called for an order directing the respondents to publish her results in the competitive examination held on 29.09.2019 and also to allow her to appear for the Data Entry Skill Test (DEST) to be held on 08.03.2020 for the purpose of selection for appointment to the post of Postman against the vacancies notified as per Annexure A-1, along with other candidates who had applied for selection in response to Annexure A-1. She also prayed for a direction to appoint her to the post of Postman in case she is selected in the order of merit and in accordance with law.
4. The applicant had also prayed for an interim order that she may be allowed to appear for the Data Entry Skill Test scheduled to be held on 08.03.2020 or on any deferred date. It is to be noted that when the matter came up on 06.03.2020 before this Tribunal, interim orders were passed allowing the applicant to appear in the DEST/Examination provisionally. -4-
5. The respondents filed a reply statement stating that in the Recruitment Rules, produced at Annexure A-4, it has been indicated that the candidate should have studied local language at least up to 10 th Standard. In relation to the Department of Posts Postman and Mail Guard (Group 'C' post) Recruitment Rules, 2018 dated 20.09.2018 for the post of Postman, the educational and other qualifications required for direct recruits is knowledge of local language of the concerned State or Union Territory along with having studied local language at least up to 10 th Standard. It is submitted by the respondents that on scrutiny of the application form submitted by the applicant it was found that she had learnt Sanskrit as language (Paper I & II) instead of Malayalam. This indicates that the applicant had not appeared in any examination for passing Malayalam as language and hence her candidature has been rejected.
6. The applicant then filed a rejoinder pointing out that she has adequate knowledge in Malayalam, which is the local/official language of State of Kerala. It was also her mother tongue and her medium of instruction was also Malayalam up to 10 th Standard. Hence, she satisfied the eligibility condition prescribed in Schedule 7(ii) of Annexure A-4 Recruitment Rules.
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7. It is submitted by counsel for the applicant that the issue has since been covered by the common order dated 16.10.2023 of this Tribunal passed in O.A.No.180/693/2019 and connected cases. In the common order passed by the Tribunal (in which order, one of us was also a part), the issue was considered in detail. The orders were then passed after consideration of a similar issue, which had been the subject matter on which the Hon'ble Supreme Court had passed its judgment in V.N.Sunanda Reddy & Ors. vs. State of Andhra Pradesh & Ors., AIR 1995 SC 914. This Tribunal allowed the O.As holding that the impugned clauses in the said Recruitment Rules were arbitrary, unconstitutional and cannot be sustained in the eye of law. It was declared as follows in the said common order :
"33 .............
(i) Clause 7(ii) in the Recruitment Rule No.GSR 899(E) dated 20th September, 2018 to the extent of prescribing that "The candidate should have studied local language at least up to 10 th standard" stands quashed.
(ii) Clause No.3(ii)(c) in the notification No.B2/2-
4/2019, dated 26.08.2019 for recruitment to the post of Postman and Mail Guard from eligible MTS and GDS for the vacancy for the year 2018 to the extent of prescribing that "The candidate should have studied local language (Malayalam) at least up to 10 th standard" stands quashed.
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(iii) In the light of the above, the results of the candidates including that of the applicants who have been successful in the qualifying examination shall be considered in accordance with law and the results shall be finalized and declared by the Department as expeditiously as possible at any rate within 3 months from the date of receipt of a copy of this order as if the above offending clauses are not in existence.
34. O.As are allowed to the above extent. No costs."
8. We are of the opinion that the relief prayed for by the applicant in this O.A is fully covered by the findings in above common order in O.A.No.180/693/2019 and connected cases. In light of this we direct that the case of the applicant should be considered along with the applicants in the aforementioned O.As on the same footing. In case she has qualified consequent to the examination held on 29.09.2019 and the Data Entry Skill Test held on 08.03.2020 or on any deferred date, she too, may be appointed to the post of Postman against the vacancies notified as per Annexure A-1, along with other candidates who had applied for the selection. Her appointment to the said post if she has been selected may be in the order of merit and in accordance with law.
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9. The O.A is allowed with the above directions. We make no order as to costs.
(Dated this the 21st day of December, 2023)
K.V.EAPEN JUSTICE K.HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A.No.180/00149/2020
1. Annexure A-1 - A copy of the Notification F.No.A- 34012/08/2019-DE dated 16.08.2019 retrieved from the website of Postal Department of the Director (DE) for 1st respondent.
2. Annexure A-2 - A copy of the Memo No.APPT/GDS MD/Vallarpadam dated 11.10.2010 of the Assistant Superintendent, Edappally, Ernakulam Sub Division.
3. Annexure A-3 - A copy of the Secondary School Leaving Certificate issued by the Board of Public Examinations, Govt. of Kerala.
4. Annexure A-4 - A copy of the Department of Posts (Postman and Mail Guard) Recruitment Rules, 2018 Notification dated 20.09.2018.
5. Annexure A-5 - A copy of the Memo No.B-6/11-2/2018 & 2019/GDS dated 20.02.2020 of the 3rd respondent.
6. Annexure A-6 - A copy of the Memo No.Rectt/12-2/2019/CON dated 27.02.2020.
7. Annexure A-7 - A copy of the Certificate dated 22.12.2020 of the Headmaster, Brahmanandodayam Higher Secondary School, Kalady along with English Translation.
8. Annexure R-1 - A copy of the above notification dated 20.08.2019.
9. Annexure R-2 - A copy of the Postal Directorate Letter No.17- 08/2018-SPB-I dated 10.05.2019.
10. Annexure R-3 - A copy of the Kerala Official Language (Legislation) Act, 1973 (Act 15 of 1973).
11. Annexure R-4 - A copy of the application dated 30.08.2019 submitted by the applicant.
12. Annexure R-5 - A copy of the order dated 27.10.2017 in O.A.No.191/2015.
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