Central Administrative Tribunal - Allahabad
Naresh Chandra vs D/O Post on 21 January, 2021
CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI Interim relief order Reserved on 06.01.2021 Pronounced on 21ST JANUARY, 2021 IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD CIRCUIT BENCH UTTRAKHAND Present:
Hon'ble Mrs. Justice Vijay Lakshmi, Member-J Hon'ble Mr. Devendra Chaudhry, Member-A Original Application No. 331/00622/2020 (U/S 19, Administrative Tribunal Act, 1985) Naresh Chandra & Others vs. Union of India & Others ORDER ON INTERIM RELIEF Order delivered by Hon Devendra Chaudhry (Member-A) The present OA has been filed challenging the order 28.08.2020 by which the results of the departmental examination conducted on 29.09.2019 in Uttrakhand Circle of Dept of Posts for promotion to the post of Postman cadre from that of Gramin Dak Sevak (GDS) were held on the basis of vacancies available.
2. The brief facts of the case per the applicants are that following the issue of notification dated 10.05.2019 (Annexure-02) regarding syllabus and pattern of departmental examination for the Posts for promotion to the post of Postman cadre such as MTS, Postman, Mail Guard, Postal Assistant/Sorting Assistant from that of GDS, a Model Notification was Page 1 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI issued vide 31.05.2019 which interalia specified that examination shall be held for vacancies emerging from vacancy years: 2015-16 to 2017- 18 including the period of 01.04.2018 to 31.12.2018. That the applicants having required eligibility, wrote the examination for the post of Postal Assistant/Sorting Assistant held on 15.09.2019 and for the post of Postman/Mail Guard held on 29.09.2019 (Annexure-06). That the results of the Postal / Sorting Assistant examinations were announced on 22.04.2020and the results of the Postman/Mail Guard examination were announced on 12.03.2020. That the respondents vide 19.05.2020 (Annexure-7 colly) called for fresh options from Surplus Candidates of the examination concerning the Postman/Mail guard held on 29.09.2019 for the vacancy year 2019. That another circular dated 09.06.2020 (Annexure-08) was also issued whereby, it was directed that appointment letters may be issued to qualifying candidates concerning examination held on 29.09.2019 for Postman/Mailguard whose results were declared on 12.03.2020 subject to the willingness of the candidates to join on the post of Postman/Mailguard. That this will be done purportedly for vacancy year 2019 comprising period 1.04.2019 to 31.12.2019. That the applicants did not qualify in the first merit list of candidates for the post of Postman/Mailguard and expected to be qualified as 'Surplus candidates' against vacancies which were presumably left unfilled following the exercise of choice for filling the same by the candidates selected both for the Postal Assistant/Sorting Assistant and the Postman/Mailguard because the post of Postal Sorting/Assistant carries some better pay conditions. However since for Page 2 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI example in the case of the applicant vide letter dated 28.08.2020 (impugned letter), he was informed about his failure even to qualify as a 'surplus candidate'. Therefore a number of RTI applications were movedseeking vacancy position qua2019 etc in which vide replies dated 30.07.2020, 07.08.2020, 08.10.2020, 11.09.2020, 14.09.2020, 28.09.2020, 09.10.2020 regarding the vacancy positions were informed in which it is revealed that the vacancy position even after stated filling up of vacancies from the surplus candidates is wise is actually as follows-
1. 04 vacancies for Chamoli division
2. 04 for Nainital division
3. 01 for Pithoragarh division
4. 01 for Almora division
5. 02 for Tehri Division division Viz: total 12 vacancies are vacant in the Uttarakhand circle in its various divisions and if vacancies reserved for the MTScandidates are also included then there are some 21 vacant posts. This implies that a number of posts were lying vacant even after the declaration of the 'surplus candidates' results that is to say that inspite of the stated filling up of the vacant posts left unfilled by the choice of exercise of the candidates selected for Postal / Sorting Assistant/ or otherwise, there were still vacant posts available for the year of vacancies for which the said examinations were held and so denial of vacant posts was Page 3 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI unjustifiable and illegal. Thus the issue to be determined is that whether, actually 12 post of Postman cadre are still vacant against which the Examination for the post of Postman/Mail Guard held on 29.09.2019 due to non-joining of the participants who were given their joining on the post of Postal Assistant/Sorting Assistants and that in fact a total of 21 posts of Postman are still vacant, and the applicants who state that they are duly qualified in the departmental examination have, as such an legitimate expectation and hope to be promoted on those post on the basis of preferential position in select list. Therefore, posts still exist and are therefore required to be filled up by such other available surplus candidates such as the applicants.
2.1 That similar procedure has been followed by other Circles such as Haryana and Jharkhand and so the Uttrakhand circle should also mandatorily fill up all posts notified for the said examination. Since the same has not been done and the representation decided wrongly vide the impugned order; hence the OA.
3.0 Thus, it emerges that the key grounds on which relief is claimed are:
i. Following the declaration of results on 12.03.2020 and 22.04.2020 of the examinations held vide examination dated 29.09.2019 and 15.09.2019 respectively vide notifications dt. 20.08.2019 and 05.08.2019 respectively, a number of successful candidates have not joined on the post of Postman / Mail guard and so a number of notified vacancies of Postman / Mail guard are still unfilled.Page 4 of 28
CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI ii. That these notified unfilled vacancies, numbering about21 (twenty one) have not been filled completely by the 'surplus candidates' as per extant guidelines.
4.0 We have heard the ld counsels for both the parties at length and perused the records available in PDF carefully and anxiously. We would now examine the prayer for the Interim relief sought by the applicants.
5.0 In order to do this, it is relevant to extract the relevant portions of the concerned documents. The same are as below:
RTI reply 07.08.2020 Hkkjrh; Mkd foHkkx dk;kZy; phQ iksLVekLVj tujy] mRrjk[k.M ifje.My] nsgjknwu&248001 Lskok esa] Jh iady vk;Z ¼vf/koDrk½ pSEcj&07 flfoy o ls"ku dksVZ ppZ daikmM] lhrkiqj us= fpfdRlky; ds lkeus uSuhrky jksM] gY}kuh&263139 i=kad HkrhZ @vkj-Vh-vkbZ ekeys@2019&20 fnukad 07-08-2020 fo'k;% lwpuk dk vf/kdkj vf/kfu;e& 2005 ds varxZr ekaxh x;h lwpuk miyC/k djkus ckcrk ****** Lwkpuk dk vf/kdkj vf/kfu;e &2005 ds varxZr vkids }kjk "Jheku phQ iksLVekLVj Tkujy mRrjk[kaM ifje.My nsgjknwu dks Hksts x, RTI vkosnu i= la RTI/01CPMG/DDN fnukad 06@07@2020 ¼tks bl dk;kZy; es fnukad 10&07&2020 dks izkIr gqvk gS½ esa mfYyf[kr fcanq &1 ij ekaxh x;h lwpuk ds lEca/k es okafNr vk[;k fuEuor izsf'kr gS%& Page 5 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI fcanq &1% xzkeh.k Mkd lsod ls iksLVeSu laoxZ esa foHkkxh; ijh{kk ds ek/;e ls izksUufr gsrq o'kZ 2019 esa mRrjk[k.M ifje.My esa vuqlwfpr tkfr laoxZ esa dqy 06 fjfDfr;ksa ij foKfIr tkjh dh x;h Fkh tks peksyh e.My &02 uSuhrky e.My &01 ,oa fVgjh e.My&02 esa FkhA mDr lwpuk ls larq'V u gksus dh n"kk esa izFke vihyh; vf/kdkjh funs"kd Mkd lsok,Wa] dk;kZy; phQ iksLVekLVj tujy]mRrjk[k.M ifje.My] nsgjknwu&248001 dks bl i= izkfIr ds 30 fnu ds Hkhrj vihy izLrqr dh tk ldrh gSA th-,l-rustk dsna zh; yksd lwpuk vf/kdkjh@ lgk;d iksLVekLVj tujy LVkQ izfr%& 1- Lkgk;d funs"kd dk;kZy; eq[; ikLVekLVj tujy] mRrjk[k.M ifje.My] nsgjknwu] dks muds i=kad RTI/DN/121/20 fnukad 10&07&2020 ds dze esa lwpukFkZA
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RTI reply of 14.09.2020 Iakthd``r Hkkjrh; Mkd foHkkx dk;kZy; v/kh{kd Mkd?kj fVgjh iz[k.M] ubZ fVgjh&249001 lsok esa] Shri Umed Singh Vill Lalpuri PO- Majhara Anand Singh Dineshpur Udhamsingh Nagar-263160 i=kad& ch&&2@99@vkj-Vh-vkbZ-@pSi&4@2020&21 fnukad ubZ fVgjh 14&09&2020 fo'k;& lwpuk ds vf/kdkj vf/kfu;e 2005 ds vUrxZr fcUnqokj ;pwpuk miyc/k djkus fo'k;d egksn;] mijksDr fo'k;d ekeys ls lEcfU/kr izkFkZuk i= ifjek.My; dk;kZy; i=kad la[;k Rectt./RTI Matters/2019-20 fnukad 11&09&2020 ds ek/;e ls izkIr gqvk gS dh fcUnqokj lwpuk fuEuor~lsok es isf'kr dh tk jgh gSA Dz0 la0 Ikznku dh tkus okyh lwpuk mRrj 02 Ok'kZ 2019 esa xzkeh.k Mkd lsod ls iksLVeSu o Mkd fVgjh e.My esa fuEu fooj.k ds lgk;d in ij tks ijh{kk gqbZ ftlesa nksuks ijh{kkvks esa vuqlkj lhVs fjDr mgS& ikl vH;fFkZ;k us iksLVeSu in ij fjQ;wty nsdj Mkd (1 ) UR-01 lgk;d in dk p;u fd;k mlds i"pkr mRrjk[k.M (2) SC-01 ifje.My ds izR;sd fMohtu esa iksLVeSu UR,SC,ST,OBC dh dh fdruh lhVs fjDr gS C;kSjk nsus dh d``ik djsA Page 6 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI ;fn vki nh x;h lwpuk ls lUrq'B ugha gSA rks vki bl i= ds izkfIr dh rkfj[k ls 30 fnuksa ds Hkhrj funs"kd Mkd lsok;sa dk;kZy; phQ iksLVekLVj tujy mRrjk[k.M ifje.My nsgjknwu 248001 ds ;gkWa vihy dj ldrs gSA Hkonh;
Lkh-ih-vkbZ-vks-
v/kh{kd Mkd?kj fVgjh iz[k.M] ubZ fVgjh &249001Izfrfyfi& 1- phQ iksLVekLVj tujy mRrjk[k.M ifje.My nsgjknwu ds i= la[;kRectt./RTI Matters/2019-20 fnukad 11&09&2020 ds vuqikyu esa lwpukFkZ izsf'krA Hkonh;
Lkh-ih-vkbZ-vks-
v/kh{kd Mkd?kj fVgjh iz[k.M] ubZ fVgjh 249001
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Annexure-07 (colly) Circular dated 19.05.2020 "Department of Posts Office of the Chief Postmaster General, Uttarakhand Circle, Dehradun-248 001 To, All SSPOs/SPOs in Uttarakhand Circle No. Rectt./2-5/PM-MG/2019 Dated at Dehradun the 19-05- 2020 Sub.: Calling for fresh option/preferences of Divisions from the Surplus Qualified candidates of Limited Departmental Competitive Examination from promotion in cadre of Postman/ Mail Guard held on 29.09.2019 for the vacancy year 2019.
******** As per the approval of competent authority, it has been instructed to seek fresh option/preference from all Surplus Qualified candidates of Limited Departmental Competitive Examination for promotion to the cadre of Page 7 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI Postman/Mail Guard from MTS and GDS held on 29.09.2019 for the vacancy year 2019.
You are therefore requested to call for options/preferences in the enclosed option form from all those candidates mentioned in the list (enclosed). The option forms should be attested and submitted to this office by 22.05.2020. Compilation of options/ preferences exercised by the candidates should be sent in enclosed Annexure-A in hard copy as well as soft copy (Excel Format only). Soft copy should be sent to this office by 22.05.2020 through email at [email protected].
Details of unfilled vacancies is enclosed. It should be ensured that no column of option has been left blank by candidate in option form.
Sd/.-
(G.M. Taneja) APMG (Staff) O/o Chief Postmaster General Uttarakhand Circle, Dehradun"
Annexure-08: Circular dated 09.06.2020 "Department of Posts Office of the Chief Postmaster General, Uttarakhand Circle, Dehradun-248 001 Memo No. Rectt./2-5/PM-MG/2019 Dated at Dehradun the 09-06-2020 In continuation to this office memo of even no. dated 12.03.2020, the Competent Authority is pleased to announce the selection and allotment of Divisions of GDS surplus qualified candidates of the examination for recruitment to the cadre of Postman/ Mail Guard for the vacancies of the year 2019 (i.e. from 01.01.2019 to 31.12.2019), held on 29.09.2019 followed by Data Entry Skill Test (DEST) on 08.03.2020 on the basis of marks secured in Paper-I, since Paper-II and Paper-III (DEST) were of only qualifying nature as mentioned in Annexure-A.
2. The selection of the candidates is subject to the provisions of relevant RRs and other conditions (Pattern and Syllabus) laid down for recruitment of GDSs to Postman/ Mail Guard cadre through examination. The Divisional Page 8 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI Heads will issue appointment to the candidates selected in the format as prescribed. They, before issuing appointment to the candidates will check the result with reference to their recommendations and other criteria and ensure that their selection is impartial and correct as per the recommendations and the conditions/criteria for qualifying the Examination. In case, any discrepancy is found, Divisional Heads will not issue the appointment and will bring the discrepancy promptly to the notice of this office confidentially. The Divisional Heads will issue appointment of the candidates selected after fulfilling the pre-appointment formalities as prescribed by the Directorate from time to time.
3. In case, any candidate is not willing for promotion as Postman, then his/her unconditional refusal should be obtained and sent to this office.
4. The details of the candidates have been shown as per the list provided by the division. If any mistake in the Name/Roll No./Community of the candidate is noticed, the same may be corrected and intimated to this office immediately.
5. Before issuing appointment orders to the selected candidates, the Divisional Heads concerned should ensure that no vigilance/disciplinary case is either pending or contemplated against him/her and no punishment is current against the candidate. In case, there is any such case, the candidate concerned may not be given appointment and the facts be reported to this office immediately.
6. Kindly acknowledge receipt.
Sd/.-
(G.M. Taneja) APMG (Staff & Vig.) O/o Chief Postmaster General Uttarakhand Circle, Dehradun
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ORDER SHEET DATED 23.11.2020 "...We have joined this Division Bench online through video conferencing facility.
Shri N.K. Papnoi, learned counsel for the applicants and Shri T.C. Agrawal, learned counsel for the respondents, on Page 9 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI advance notice, both are present online.
MA No. 1156/2020 has been filed by the applicants under Rule 4 (5) of CAT Procedure Rules, 1987 to allow them to pursue this OA jointly. As common cause of action and common interest of the applicants is involved, MA is allowed. Applicants are permitted to pursue the O.A. jointly.
Heard on admission and perused the record available with us in PDF form.
Admit As Shri T.C. Agrawal has appeared on behalf of all the respondents, on advance notice, there is no need to issue fresh notices.
Counter Affidavit be filed within four weeks. Rejoinder Affidavit, if any, be filed within two weeks thereafter.
List this case on 15.02.2021 before the Registrar's court for completion of pleadings.
Prayer has been made by learned counsel for the applicants to grant interim relief.
Learned counsel for the respondents prays for a short time, to seek instruction on the issue of interim relief, by drawing our attention to the reply given to the applicants under R.T.I. Learned counsel for the respondents may seek instructions on the issue of interim relief from the respondents within three weeks.
List this case on 16.12.2020 for consideration of interim relief..."
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ORDER SHEET DATED 16.12.2020 ".....We have joined this Division Bench online through Video Conferencing.
Shri N.K. Papnoi, learned counsel for the applicant and Shri T.C. Agrawal, learned counsel for the respondents, Page 10 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI both are present online.
The case was listed for hearing for grant of interim relief.
Learned counsel for the respondents submits that he has received the instructions from the department that at present no vacancies are available. Further, he prays for three weeks time to file the short counter reply.
He also submits that he has received information from the respondent department that no new notification has been issued and no notification will be issued till the next date of hearing.
With this assurance from the learned counsel for the respondents, the case is adjourned.
List on 18.01.2021 for consideration of interim relief...."
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ORDER SHEET DATED 06.01.2021 "...We have joined this Division Bench online through video conferencing.
Shri N.K. Papnoi, learned counsel for the applicants and Shri T.C. Agrawal, learned counsel for the respondents, both are present online.
Heard on interim relief and perused the records available with us in PDF.
Order is reserved.
Shri T.C. Agrawal, learned counsel for the respondents has prayed for and is allowed a time of three days to file an affidavit with regard to the statement he has made, that the department is not going to issue any notification in respect of the vacancies which are subject matter in this O.A. Hon'ble Mr. Devendra Chaudhry, Member (A) has consented to this order through video conferencing...."
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Page 53 - Annexure-03 dated 31.05.2019 MODEL NOTIFICATION Page 11 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI F. No. ............................
Government of India Ministry of Communication Department of Posts Office of Chief Postmaster General ........................Circle ...............................(Address) Sub: Conducting of Limite3d Competitive Examination from Gramin Dak Sevaks (GDSs) for recruitment to the cadre of Postal Assistants/Sorting Assistants for the vacancy years 2015-16, 2016-17, 2017-18 & 2018 (01.04.2018 to 31.12.18).
The Limited Competitive Examination will be held on 14th of July, 2019 (Sunday) for recruitment of Postal Assistants/Sorting Assistants from Gramin Dak Sevaks (GDSs) for unfilled vacancies of LDCE for promotion from Postman/Mail Guard and MTS to the cadre of Postal Assistants/Sorting Assistants for the vacancy years 2015-16, 2016-17, 2017-18 & 2018 (01.04.2018 to 31.12.18). Accordingly, applications are invited from the willing and eligible GDSs in the format enclosed (Annexure-I).
Page 56 Annexure-II Tentative number of unfilled vacancies, year-wise for Competitive Examination from GDSs to the cadre of PAs/SAs for the vacacy year upto 31.12.2018 S.No Name of 2015-16 2016-17 2017-18 2018 Division/Unit (01.04.2018 to 31.12.2018) UR SC ST UR SC ST UR SC ST UR SC ST
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Page 57: Annexure-04(colly) ANNEXURE-4 Department of Posts Office of the Chief Postmaster General Uttarakhand Circle, Dehradun-248 001 To, Page 12 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI
1. The SSPOs Dehradun/Nainital
2. The SPOs Almora/Chamoli/Pauri/Pithoragarh/Tehri
3. The SRM "DN" Division Dehradun No. Rectt./GDS/PA-SA/2018 Dated at Dehradun the 04- 06-2019 Sub: Competitive Examination limited to GDSs for the post of Postal Assistants/Sorting Assistants for unfilled vacancies upto 31.12.2018-regarding.
***** It has been decided by the Directorate to hold a Limited Departmental Competitive Examination for promotion to the cadre of PA/SA against the vacancies for the year 2015-16, 2016-17, 2017-18 and 2018 (from 01.04.2018 to 31.12.2018) on 14.07.2019 (Sunday) at Dehradun (exam venue will be intimated later) as per schedule, detailed below:-
Date Exam Paper Time
14.07.2019 (Sunday) Paper-I 10:00 AM to 12:00
PM
Paper-II 01:00 PM to 01:45
PM
2. Eligibility Criteria:- As per the Recruitment Rules notified in GSR 411 (E) dated 21.05.2015, the following conditions are to be fulfilled:-
a. Educational Qualification: 10+2 Standard or 12th class pass from a recognized University/Board.
b. Age: Should be within 30 years of age (relaxable for different categories as notified by the Government of India from time to time).
c. Service eligibility: Must have put in a minimum service of five years as on the first day of April of the year to which the vacancy(ies) pertain to.
For the purpose of computing minimum regular service, the service rendered on regular basis as on 01.04.2016, 01.04.2017 & 01.04.2018 are to be taken as cut-off date and Exam(s)/Block of exam years for which the Applicant is eligible & Crucial dated of eligibility are as under:-
i. For the vacancy year 2018
01.04.2018
ii. For the Vacancy year 2017-18 & 2018 cut-off date
01.04.2017
iii. For the Vacancy year 2016-17, 2017-18 & 2018 cut-off date 01.04.2016
3. The revised Pattern and syllabus (including qualifying marks for different categories) for the said examination is enclosed as Annexure-C along with Directorate's instructions.
Page 13 of 28CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI Page 60 -Annexure04 (colly) Vacancies to conduct competitive limited examination for GDSs for promotion to the cadre of Pas/SAs for the year 2016-17, 2017-18 and 2018 (from 01.04.2018 to 31.12.2018) S.No. Name of 2015-16 2016-17 2017-18 2018 Division (01.04.2018 to 31.12.2018)
1. UR SC ST UR SC ST UR SC ST
2. 9 1 1 7 1 0 0 1 1
3. 0 0 0 3 2 1 1 1 1
4. Exam 0 0 1 0 0 0 0 0 0
5. conducted 0 0 0 0 0 1 0 1 0
6. in the year 3 0 0 5 1 1 2 1 0
7. 2016 2 1 0 7 1 0 0 2 0
8. 6 0 3 1 0 0 1 0 0 TOTAL 2 0 0 2 0 0 0 0 0 22 2 5 25 5 3 4 6 2 Sd-
Assistant Director (Rectt.)
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Page 61 Annexure 04 (colly) Department of Posts, India Office of Chief Postmaster General, Uttarakhand Circle, Dehradun- 248001 To,
1. All SSPOs/SPOs in Uttaradhand Circle
2. Supdt. PSD Saharanpur
3. SRM "DN" Division Dehradun
4. AD (Staff) CO Dehradun
5. Officer Incharge, P&T Admin Cell, APS Centre, C/O 56 APO No. Rectt./2-5/PM-MG/DE/2018 Dated at Dehradun 20.08.2019 Sub: Competitive Examination for recruitment to the cadre of Postman and Mail Guard from eligible MTS AND gds for the vacancy year 2018 (01.04.2018 to 31.12.2018) and 2019 (01.01.2019 to 31.12.2019).
Page 14 of 28CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI The Limited Departmental Competitive Examination (LDCE) limited to MTS officials and Competitive Examination limited to GDSs will be held on 29th of September, 2019 (Sunday) for recruitment to the cadre of Postman and Mail Guard for the vacancy year 2018 (01.04.2018 to 31.12.2018) and 2019 (01.01.2019 to 31.12.19). Accordingly, applications are invited from the willing and eligible candidates in the format enclosed (Annexure-I). The schedule of activities of the examination is furnished hereunder:
S. No. Activity Proposed Date
(Schedule)
1. Date of notification 20.08.2019 (Tuesday)
2. Last date for receipt of Application form 05.09.2019 (Thursday) at Divisional Office/Controlling Unit from eligible candidates
3. Issue of Admit Card by DO/Head of 23.09.2019 (Monday) Units to eligible candidates
4. Date of Examination (date & time)* 29th September, 2019 Paper-I 1000 hrs to 1130 hrs Paper-II 1135 hrs to 1235 hrs *Exam will commence at 10:00 AM sharp in all the Circles and both the Paper-I & II will be conducted in continuity in one sitting from 1000 hrs to 1235 hrs. There will be 5 minute's break in between Paper-I and Paper-II, but, candidates cannot be allowed to leave his/her desk.
Page 62-continued....
2. Vacancies: Number of vacancies available under Recruiting Division/Unit-wise for the vacancy year 2018 (01.04.2018 to 31.12.2018) is enclosed as Annexure-II. Further, all the Divisional Heads are requested to submit the vacancy position for the year 2019 (01.01.2019 to 31.12.2019) in the prescribed format (enclosed as Annexure-III) till 30.08.2019 positively.
3. Eligibility Criteria:- As per the Department of Posts Postman and Mail Guard (Group 'C' post) Recruitment Rules, 2018 notified in GSR 899 (E) dated 20.09.2018, the following categories of official (s) are eligible to appear in the examination:
(i) Multi Tasking Staff (MTS) in Level-1 of the pay matrix with three years regular service in the grade as on the 01.04.2018/01.01.2019.
(ii) Gramin Dak Sevaks (GDSs) who have worked regularly for five years in that capacity as on the 01.04.2018/01.01.2019 and fulfilling the following conditions:
(a) Educational Qualification: 10th standard pass from a recognized Board.
(b) Age: Maximum age as on 01.04.2018/01.01.2019 for UR candidates shall be 50 years, for SC/ST will be 55 and for OBC is
53.
(c) The candidate should have studied local language at least upto 10th standard. (Circle will clearly mention its local language as Page 15 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI notified by SPN Division of the Directorate vide Annexure-E of letter No. 17-08/2018-SPB-I dated 10.05.2019, 28.06.2019, 11.07.2019 & 23.07.2019.
(d) Knowledge of working on Computer.
(e) Candidate should have a valid license of two-wheeler or light motor vehicle. Persons with Disability are exempted from the possession of licence. However, GDS without license to drive two wheeler or light motor vehicle shall also be allowed to appear in the examination.
[This condition is required for recruitment to the cadre of Postman only] Page 66... continued ANNEXURE-II
(ii) 25% by promotion from Multi Tasking Staff of the recruiting Postal Division on the basis of Limited Departmental Competitive Examination:-
Division UR SC ST OBC Total Almora 1 - - - 1 Chamoli 1 - - - 1 Dehradun 2 - - - 2 Nainital - 1 - - 1 Pauri 1 - - - 1 Pithoragarh - - - - 0 Tehri 1 - - - 1 RMS 1 - - - 1 TOTAL 7 1 0 0 8
(iii) 50% by direct recruitment on the basis of Competitive Examination Limited to Gramin Dak Sevaks*:-
Division UR SC ST OBC Total Almora 1 - - - 1 Chamoli 1 - - 1 2 Dehradun 3 - - - 3 Nainital 1 - - 1 2 Pauri 1 1 - - 2 Pithoragarh 1 - - - 1 Tehri - - - - 0 RMS 2 - - - 2 TOTAL 10 01 0 02 13 *Note:-
a. 02 vacancies of Dehradun Division (UR category) have been reserved for compassionate appointment. b. 01 vacancy each (UR category) from Pauri and Nainital Division have been reserved for sports quota.
Sd-
Assistant Director (Rectt.) Page 16 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI Page 67... continued Annexure-III Vacancy details for LDCE for promotion in cadre of Postman/Mail Guard from eligible MTS and GDS for the year 2019 (01.01.2019 to 31.12.2019) Postman Vacancy (ies) to be filled up amongst eligible MTS Sl. No. Vacancy(ies) Name of Division/Unit UR SC ST Total Vacacy (ies) to be filled up amongst eligible GDSs Sl. Name of Vertical Horizontal No Division/Uni . t U OB S S EW PH PH PH PH TOTA R C C T S -I -II -III -IV L & V Mail Guard Vacancy (ies) to be filled up amongst eligible MTS Sl. No. Vacancy(ies) Name of UR SC ST Total Division/Unit Vacancy (ies) to be filled up amongst eligible GDSs Sl. Name of Vertical Horizontal No Division/Uni . t U OB S S EW PH PH PH PH Tota R C C T S -I -II -III -IV l & V *NOTE:- All the Divisional Heads are requested to furnish the above details till 30.08.2019 positively.
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Page 17 of 28CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI Page 70 Annexure-5&6 ANNEXURE-5 Department of Posts, India Office of the Chief Postmaster General, Uttarakhand Circle, Dehradun- 248001 Memo. No. Rectt/2-5/PM-MG/DE/2018 dated at Dehradun the 12.03.2020 In pursuance of Circle Office Dehradun Notification No. Rectt/2-5/PM- MG/DE/2018 dated 20.08.2019, examination for Recruitment from MTS and GDS cadres to the cadre of Postman/Mail Guard was held on 29.09.2019 for the vacancies of the year 2019 revised vide letter of even no. dated 15.01.2020. Data Entry Skill Test (DEST) was conducted on 8.3.2020 on the basis of marks secured by the candidates in Paper-I and Paper-II (Qualifying only).
2. The Division/Unit wise vacancies for MTS quota and GDS quota and revised vide letter of even no. dated 15.01.2020 is as under:-
S. Name of Category Total Category wise breakup of Total No. Division wise vacancies for GDS to Postman breakup of vacancies for MTS to Postman Unreserved SC ST Unreserved SC ST OBC OC EWS OC EWS 1 Almora 01 - - - 01 02 - - - 01 02 2 Chamoli 01 - 01 - 02 03 01 02 - 01 07 3 Dehradun 02 - - - 02 03 - - - - 03 4 Nainital - - 01 - 01 02 - 01 - 01 04 5 Pauri 01 - - - 01 02 - - - 01 03 6 Pithoragar 02 - - - 02 02 01 01 - 01 05 h 7 Tehri 01 - - - 01 01 - 02 - - 03 8 RMS 'DN' - - - - - - - - - - -
Div.
9 Total 08 02 - 10 15 02 06 - 04 27
3. Out of 368 candidates who applied, 11 MTS candidates and 291 GDS candidates appeared actually in the Examination.
4. The criteria of minimum marks for qualifying the Examination (Paper-I and II) was category wise as under:-
Qualifying Marks UR OBC SC/ST
Paper I & Paper II 40% in each 37% in each 33% in each
paper paper paper
5. Out of the 11 MTS candidates who appeared in the Examination, 06 qualified in Paper I and II and out of the 291 GDS candidates who appeared in the Examination, 106 qualified in Paper I and II. A total of 112 were shortlisted for Paper III (DEST) on the basis of their marks in Paper I. Page 18 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI
6. 03 MTS and 104 GDS candidates appeared in the DEST conducted on 08.03.2020 and the criteria of minimum marks for qualifying the DEST was as under:-
Qualifying Marks UR OBC SC/ST DEST 50% i.e. 12.50 45% i.e. 11.25 40% i.e. 10.00 Page 71...continued
7. The number of the candidates who have been selected in the Exam on the basis of merit of marks secured in Paper (I). (Paper II and III were of Qualifying nature). Division wise category wise number of selected candidates is as under:-
S. Name Category wise Total Category wise breakup of Total No. of breakup of candidates selected from GDS Division candidates selected from MTS UR SC ST UR SC ST OBC OC EWS 1 Almora - - - - 02 02 2 Chamol - - - - 03 02 - - 05 i 3 Dehrad 01 - - 01 03 - - - - 03 un 4 Nainital - - - - 02 - 01 - 01 04 5 Pauri - - - - 02 - - - - 02 6 Pithora - - - - 02 01 01 - 01 05 garh 7 Tehri 01 - - 01 01 - 02 - - 03 8 RMS - - - - - - - - - -
'DN' Div.
9 Total 02 - - 02 05 01 06 - 02 24 Page 89 Annexure-6 Department of Posts, India Office of the Chief Postmaster General, Uttarakhand Circle, Dehradun- 248001 Memo No. Rectt./GDS/PA/SA/2019 Dated at Dehradun the 22.04.2020 Page 19 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI In pursuance of Circle Office Dehradun Notification No. Rectt/GDS/PA- SA/2019 Dated 05.08.2019, Competitive Examination (Paper-I & II) for recruitment to the cadre of Postal Assistants/ Sorting Assistants from Gramin Dak Sevaks (GDSs) for the vacancy years 2015-06, 2016-17, 2017-18, 2018 and 2019 was held on 15.09.2019 and (Paper-III) i.e. Data Entry Skill Test was held on 09.02.2020.
2. The Division/Unit and year wise vacancies were announced enclosed with the Notification dated 05.08.2019 as under:-
For the vacancy year 2015-16 S. Name of Category wise breakup Total PH No. Division of vacancies UR SC ST OBC EWS PH PH PH PH PH I 2 3 4 5 1 Almora - - - - - - - - - - -
2 Chamoli - - - - - - - - - - -
3 Dehradun - - - - - - - - - - -
4 Nainital - 01 - - - 01 - - - - -
5 Pauri - - - - - - - - - - -
6 Pithoragarh - - - - - - - - - - -
7 Tehri - - - - - - - - - - -
8 RMS 'DN' - - - - - - - - - - -
9 Total - 01 - - - 01 - - - - -
For the vacancy year 2016-17 S. Name of Category wise breakup Total PH No. Division of vacancies UR SC ST OBC EWS PH PH PH PH PH I 2 3 4 5 1 Almora 08 01 01 01 - 11 - - - - -
2 Chamoli - - - - - - - - - - -
3 Dehradun - - 01 - - 01 - - - - -
4 Nainital - - - - - - - - - - -
5 Pauri 02 01 - - - 03 - - - - -
6 Pithoragarh 02 01 - - - 03 - - - - -
7 Tehri 06 - 03 - - 09 - - - - -
8 RMS 'DN' - - - - - - - - - - -
9 Total 18 03 05 01 - 27 - - - - -
For the vacancy year 2017-18
S. Name of Category wise breakup Total PH
No. Division of vacancies
UR SC ST OBC EWS PH PH PH PH PH
I 2 3 4 5
1 Almora 06 01 - 01 - 08 - - - - -
2 Chamoli 02 02 01 - 01 06 - - - - -
3 Dehradun - - - - - - - - - - -
4 Nainital - - 01 - - 01 - - - - -
5 Pauri 04 01 - 01 01 07 - - - - -
6 Pithoragarh 06 01 - - 01 08 - - - - -
7 Tehri 01 - - - - 01 - - - - -
8 RMS 'DN' - - - - - - - - - - -
9 Total 19 05 02 02 03 31 - - - - -
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CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI
For the vacancy year 2018 (01.04.2018 to 31.12.2018) S. Name of Category wise breakup Total PH No. Division of vacancies UR SC ST OBC EWS PH PH PH PH PH I 2 3 4 5 1 Almora - 01 01 - - 02 - - - - -
2 Chamoli 01 01 01 - - 03 - - - - -
3 Dehradun - - - - - - - - - - -
4 Nainital - 01 - - - 01 - - - - -
5 Pauri 02 01 - - - 03 - - - - -
6 Pithoragarh - 02 - - - 02 - - - - -
7 Tehri 01 - - - - 01 - - - - -
8 RMS 'DN' - - - - - - - - - - -
9 Total 04 06 02 - - 12 - - - - -
3. The Division/Unit wise vacancies for the year 2019 (01-04-2019 to 31-12- 2019) that remained unfilled after the declaration of result for the recruitment year 2019 of the LDCE for recruitment to the cadre of PA/SA from Postman/Mail Guard, Dispatch Rider and MTS are as under:-
For the vacancy year 2019 (01-01-2019 to 31-12-2019) S. Name of Category wise breakup Total PH No. Division of vacancies UR SC ST OBC EWS PH PH PH PH PH I 2 3 4 5 1 Almora 1 - 1 - - 2 - - - - -
2 Chamoli 1 1 - - - 2 - - - - -
3 Dehradun - - - - - - - - - - -
4 Nainital - - - - - - - - - - -
5 Pauri - 1 - - - 1 - - - - -
6 Pithoragarh 1 1 - - 1 3 - - - - -
7 Tehri - 1 - - - 1 - - - - -
8 RMS 'DN' 6 3 - - - 9 - - - - -
9 Total 9 7 1 0 1 18 - - - - -
4. The criteria of Minimum marks for qualifying the Examination (Paper-I and II) was category wise as under:-
Qualifying Marks UR OBC/EWS SC/ST/PWD Paper I & Paper II 40% in each 37% in each paper 33% in each paper paper
5. Out of the 129 candidates who appeared in the Examination, 77 qualified in Paper I and II and were shortlisted for Paper III (DEST) on the basis of their marks in Paper I as follows:-
S. Name of Category wise breakup of Total No. Division candidates shortlisted for DEST UR OBC SC ST EWS 1 Almora 06 06 03 01 - 16 2 Chamoli 08 04 07 01 - 20 3 Dehradun 01 03 02 01 - 07 4 Nainital 03 03 03 01 - 10 5 Pauri 07 01 02 - - 10 Page 21 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI 6 Pithoragarh 03 - 05 - 01 09 7 Tehri 02 01 02 - - 05 8 RMS 'DN' - - - - - -
9 Total 30 18 24 04 01 77
6. The criteria of minimum marks for qualifying the DEST was as under:-
Qualifying Marks UR OBC/EWS SC/ST Paper III (DEST) 50% (12.5) 45% (11.25) 40% (10)
7. All 77 candidates shortlisted for DEST appeared in the DEST conducted on 0902.2020. 71 candidates qualified DEST.
8. Now, the Competent Authority is pleased to declare the result of the candidates selected in the Examination for Recruitment from GDS to the cadre of PA/SA for the vacancies of the year 2015-16, 2016-17, 2017-18, 2018 (01-04-2018 to 31-12-2018) and 2019 (01-01-2019 to 31-12-2019) held on 15.09.2019 followed by Data Entry Skill Test held on 09.02.2020 on the basis of available category wise vacancies Division wise in order of merit in Paper I against the vacancies of their respective parent divisions is as under:-
Sl. Roll No. of Name of Category Marks secured in DEST Remar No. Candidate Candidate ks S/Sh.Smt./Ms Paper-I Paper-II Marks %ag e For the vacancy year 2015-16 Name of Division- NAINITAL Vacancy Position : SC- 01 (Total=01) Unfilled (SC-01) For the vacancy year 2016-17 Name of Division-ALMORA Vacancy Position : UR-08, SC-01, ST-01, OBC=01 (Total=11) 1 ALMGDS00 Puran Giri OBC 77 24 24.53 98. Selecte 18 Goswami 12 d on merit against UR-1 2 ALMGDS00 Vinod Kumar SC 67 20 19.44 77. Selecte 06 76 d on merit against UR-2 3 ALMGDS00 Pramod OC 58 24 24.75 99. UR-3 19 Singh Jani 01 2 4 ALMGDS00 Nandan OC 54 21 15.98 63. UR-4 05 Singh 90 Unfilled (UR-04, SC-01, ST-01, OBC-01) Name of Division-DEHRADUN Page 102... Annexure-07 (colly) Break-up of unfilled vacancies of MTS to Postman/Mailguard LDCE held on 29.09.2019 Division 2019 TOTAL UR SC ST Page 22 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI Almora Chamoli 1 0 0 1 Dehradun 1 1 0 2 Nainital 0 1 0 1 Pauri 1 0 0 1 Pithoragarh 2 0 0 2 TOTAL 6 2 0 8 Break-up of unfilled vacancies of GDS to Postman/Mailguard LDCE held on 29.09.2019 Division 2019 UR SC ST OBC TOTAL OC EWS Chamoli 0 1 0 0 1 2 Pauri 0 0 0 0 1 1 TOTAL 0 1 0 0 2 3
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6. It may be seen above that :
i. vide letter dated 19.05.2020 (Annexure-7, page 99), R-2 has directed all SSPOs/SPOs in Uttrakhand Circle to call for fresh options / preferences of Divisions from the surplus qualified candidates.
ii. that the number of these surplus posts is 11 posts as per chart on page 102 (part of the Annexure-7).
iii. that as per page 103, there is a list of 13 candidates titled as list of GDS surplus candidates wherein the names of the applicants is also stated at sl, 13, 14, 17, 21, 21,26,32,37,57 and 67 based on which the applicants also filled in the required forms concerning the options.
iv. that vide result of surplus candidates only 10 candidates were declared surplus whereas the 19.05.2020 notification declared 11 surplus vacancies.
v. it is also seen that vide RTI reply dated 07.08.2020 that there are up to in fact 12 vacancies which are vacant in the first place. It is Page 23 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI noteworthy here that this vacancy position is after the declaration of the result of surplus candidates vide notification dated 09.06.2020 which implies prima facie that in spite of the declaration of the said result, there are still 12 posts of postman/mail guard vacant, more so, after filling 10 posts by surplus candidates as declared vide the 09.06.2020 notification.
vi. that apart from above 12 unfilled vacancies, there are other unfilled vacancies from MTS candidates who have also qualified for both Postal Assistant and Postman posts and when final count of all such posts is made then the total vacancy increases to 21 and not just 12 (para 5.15 of OA).
All these prima facie documentary evidence does indicate at this stage of analysis of the OA that there are perhaps still unfilled vacancies of postman/mail guard arising out of the vacancies notified for the 2019 examination.
7. In such an event, not to give opportunity to the applicants for being considered for the said posts seems ex-facie unjustifiable. Hence there are grounds for consideration of interim relief. The interim relief sought is that, till the disposal of the matter, the respondents be restrained from initiating any fresh selection process for the post of Postman/Mail guard which are vacant due to non-joining of the Page 24 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI meritorious candidates who have joined on the post of Postal Assistant/Sorting Assistant.
8.0 The part relating to cancellation of the 10.01.2021 examination per se by way of not proceeding with initiating any fresh process for selection to the posts of Postman/Mail guard is not fully justifiable because that would unilaterally result in stopping an examination subsequent to the disputed notifications and the concerned examination.
It would result in a unilateral action against the candidates who are at least presently qualified for writing the 2021 exam vide notification of 27.11.2020. On the other hand, to fill vacancies in consequence of the 27.11.2020 notification by including the still unfilled leftover vacancies notified in 2019 would prima facie deny opportunity to the applicants in this OA who assert that they are qualified vide result dated 12.03.2020 and 22.04.2020 discussed above and so are liable to be considered.
9.0 The ld respondent counsel has only said that they have not issued any fresh notification for filling up of vacancies and would not do so in future. This in the best of circumstances is a false misleading statement because:
i. the current OA was filed on 20/10/2020 and was first heard on 23.11.2020 on which date it was directed that counter be filed by the respondents and the OA will be heard for interim relief on 16.12.2020.
ii. Then again when it was heard on 16.12.2020 the ld respondent counsel stated at the bar that no new notification has been issued Page 25 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI and no notification will be issued till the next date of hearing. The said order is reproduced again below for ready reference:
"...
- He also submits that he has received information from the respondent department that no new notification has been issued and no notification will be issued till the next date of hearing.
- With this assurance from the learned counsel for the respondents, the case is adjourned...."
- List on 18.01.2021 for consideration of interim relief...."
That from above it is abundantly clear that the respondents had already issued the potentially damaging notification vide date 27.11.2020after the first hearing of the matter on 23.11.2020 and therefore it does not lie in the mouth of the ld respondent counsel to mislead the Tribunal by making the false averment that no new notification has been issued purportedly after the filing of the OA and the first hearing on 23.11.2020. Either the ld respondent counsel did not understand the implication of his statement qua the filing date of the OA and the first hearing on 23.11.2020 or it's a clear case of perjury.
10.0 Thus while the anticipated disputed notification had indeed been issued in spite of the statement at the BAR by the ld respondent counsel on 16.12.2020, the fact remains that while it is unjustifiable at this stage to halt or cancel the examination of 10.01.2020 there is good reason to withhold the declaration of the results of the said examination Page 26 of 28 CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI till the disposal of this OA so that the applicants are not visited by irreparable damage of not being considered at all vide the still unfilled vacancies and the said still unfilled vacancies are filled up and gobbled away in guise of the 27.11.2020 notification filling up of vacancies. We also do not know at this stage as to what is the status of inclusion or exclusion in the listed number of vacancies in the said notification reproduced above. Therefore prima facie there is a case for intervention in the shape of an interim direction that the result of the said examination of 10.01.2021 notified by 27.11.2020 notification is not declared till the final disposal of this OA and the claim thereby of the applicants is settled finally for or against them.
11.0 It is also noted that while the written exams will be held on 10.01.2021, other steps of some other consequential tests are also involved which would take their own time leading upto the final declaration of the result at a consequential later date. The applicants have in any case declined to write the said exam on the grounds that there is no need for them to write the exam having possible chances of qualifying on the basis of the 2019 exams against the vacancies specified qua that exam and remaining unfilled on date.
12.0 In light of above and in conclusion therefore we direct the following on the issue of interim relief:
i. There is no case for cancellation of the exam of 10.01.2021 notified vide 27.11.2020.Page 27 of 28
CAT BENCH ALLAHABAD OA 622 of 2020 NARESH CHANDRA vs UOI ii. The results of the examination so held will be however not declared till the pendency of this OA.
iii. The pleadings shall be completed as already directed vide order dated 23.11.2020 for which the parties shall appear before Registrar on 15.02.2021.
iv. The parties shall ensure filing of the pleadings in time at the pain of heavy costs as the matter is also of timely results declaration of the examination held on 10.01.2021.
The prayer for interim relief is disposed accordingly. Let the OA be listed as per above before Registrar on 15.02.2021 for completion of pleadings as already directed vide order dated 23.11.2020.
(Devendra Chaudhry) (Justice Vijay Lakshmi)
Member (A) Member (J)
/Shakuntala/
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