Central Administrative Tribunal - Bangalore
J Ranganayakalu vs D/O Posts on 10 November, 2023
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
1
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00007/2021,
01052/2019, 01053/2019, 01054/2019, 01060/2019,
00008/2021, 00009/2021, 00010/2021,
00331/2021, 00333/2021, 00517/2021,
00528/2021, 00546/2021, 00547/2021,
00548/2021, 00549/2021, 00348/2022,
00352/2022, 00353/2022, 00354/2022,
00355/2022, 00155/2023
ORDER RESERVED ON 31.10.2023
DATE OF ORDER: 10.11.2023
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE MR. RAKESH KUMAR GUPTA, MEMBER (A)
OA No. 170/00007/2021
Smt. K. Anitha,
W/o Sidharuda,
Aged about 35 years,
Working as GDS MP,
Carmelaram P.O, Bangalore 560 035
Residing at: Weavers colony,
8th Cross, 5th Ward,
Anekal 562 106 .... Applicant
(By Shri P. Kamalesan, Advocate)
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
2
Vs.
1. Union of India,
Represented by Secretary,
Department of Post,
Dak Bhavan, New Delhi 110 001
2. Chief Post Master General,
Karnataka Circle, Bengaluru 560 001
3. Senior Superintendent of Post Offices,
Bengaluru South Division,
Bengaluru 560 041
4. Secretary,
Department of Personnel and Training (DOPT)
Government of India,
New Delhi 110 001 ...Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
OA No. 170/01052/2019
N. Radhamma,
W/o C.K. Haribabu
Aged 31 years,
Working as GDS MP,
Nandini Layout PO 560 096,
Bengaluru West Division,
Residing at No. 21, Byanna Layout,
Near National Public School,
Tumkur Road, Yeshwanthpur,
Bengaluru 560 022 .... Applicant
(By Shri A.R. Holla, Advocate)
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
3
Vs.
1. Union of India,
By Secretary,
Department of Posts,
Dak Bhavan, New Delhi 110 001
2. The Assistant Director (R&E)
O/o Chief Postmaster General,
Karnataka Circle,
Bengaluru 560 001
3. The Senior Superintendent of Post Offices,
Bengaluru West Division,
Bengaluru 560 096 ...Respondents
(By Shri Gajendra Vasu, Senior Panel Counsel represents Shri
Sayed S. Kazi, ACGSC)
OA No. 170/01053/2019
Jayapathi Narahari,
S/o Kodandaramulu,
Aged 30 years,
Working as GDS MD,
Banashankari 2nd stage,
Bengaluru 560 070,
Residing at No. 398,
7th 'A' Cross, SLN Temple,
Manjunathanagar,
Bengaluru 560 016 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
4
1. Union of India,
By Secretary,
Department of Posts,
Dak Bhavan, New Delhi 110 001
2. The Assistant Director (R&E)
O/o Chief Postmaster General,
Karnataka Circle,
Bengaluru 560 001
3. The Senior Superintendent of Post Offices,
Bengaluru South Division,
Bengaluru 560 041 ...Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
OA No. 170/01054/2019
K. Anitha,
W/o Siddarooda,
Aged 34 years,
Working as GDS MP,
Carmelaram P.O
Bangalore 560 035
Residing at: Weavers colony,
8th Cross, 5th Ward,
Anekal 562 106 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary, Department of Posts,
Dak Bhavan, New Delhi 110 001
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
5
2. The Assistant Director (R&E),
O/o Chief Postmaster General,
Karnataka Circle,
Bengaluru 560 001
3. The Senior Superintendent of Post Offices,
Bengaluru South Division,
Bengaluru 560 041 ...Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
OA No. 170/01060/2019
Y. Murugesh,
S/o Yallappa,
Aged 31 years,
Working as GDS MD,
Varthur PO,
Bengaluru 560 087,
Residing at
Nadavatti Village & Post,
Hoskote Taluk,
Bengaluru 560 067 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary, Department of Posts,
Dak Bhavan, New Delhi 110 001
2. The Assistant Director (R&E)
O/o Chief Postmaster General,
Karnataka Circle, Bengaluru 560 001
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
6
3. The Senior Superintendent of
Post Offices,
Bengaluru East Division,
Bengaluru 560 025 ...Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
OA No. 170/00008/2021
Sri Jayapathi Narahari,
S/o Kodanda Ramulu,
Aged about: 31 years,
Working as GDS MD,
Banashankari II stage,
Bangalore 560 070,
Residing at: No. 398,
SLN Temple, Manjunathnagar,
Near Navajyothi Public School,
Bangalore 560 016 .... Applicant
(By Shri P. Kamalesan, Advocate)
Vs.
1. Union of India,
Represented by Secretary,
Department of Post,
Dak Bhavan, New Delhi 110 001
2. Chief Post Master General,
Karnataka Circle, Bangalore 560 001
3. Senior Superintendent of Post Offices,
Bangalore South Division,
Bangalore 560 0041
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
7
4. Secretary,
Department of Personnel
And Training (DOPT)
Government of India,
New Delhi 110 001 ...Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
OA No. 170/00009/2021
Y. Murugesh,
S/o Yallappa,
Aged 32 years,
Working as GDS MD,
Varthur PO,
Bengaluru 560 087,
Residing at Nadavatti Village & Post,
Hoskote Taluk,
Bengaluru 560 067 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary,
Department of Posts,
Dak Bhavan,
New Delhi 110 001
2. The Assistant Director (R&E)
O/o Chief Postmaster General,
Karnataka Circle,
Bengaluru 560 001
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
8
3. The Assistant Postmaster General (Staff),
O/o the Postmaster General,
Bengaluru HQ Region,
Bengaluru 560 001
4. The Senior Superintendent
of Post Offices,
Bengaluru East Division,
Bengaluru 560 025 ...Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
OA No. 170/00010/2021
Konda Penchala Rao,
S/o Penchalaiah,
Aged 35 years,
Working as GDS MD,
Yelahanka SO,
Bengaluru 560 064
Residing at No. 138, Bagalur Cross,
Dwarakanagar 2nd Main,
IAF Post, Yelahanka,
Bengaluru 560 063 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary,
Department of Posts,
Dak Bhavan,
New Delhi 110 001
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
9
2. The Assistant Director (R&E),
O/o Chief Postmaster General,
Karnataka Circle,
Bengaluru 560 001
3. The Assistnat Postmaster General (Staff),
O/o the Postmaster General,
Bengaluru HQ Region,
Bengaluru 560 001
4. The Senior Superintendent of Post Offices,
Bengaluru East Division,
Bengaluru 560 025 ...Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
OA No. 170/00331/2021
P. Nagesh Goud
S/o Venkatramulu Goud,
Aged about 31 years,
Working as MTS,
Raichur HO - 584 101
Residing at: H. No. 4-4-258/79
Ashok Nagar, Raichur 504 103 .... Applicant
(By Shri P. Kamalesan, Advocate)
Vs.
1. Union of India,
Rep. by its Secretary,
Department of Post,
Dak Bhavan, New Delhi 110 001
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
10
2. Chief Post Master General,
Karnataka Circle, Bengaluru 560 001
3. Post Master General,
N.K. Region, Dharwad - 580 001
4. Supt. of Post Offices,
Raichur Division,
Raichur - 584 101 ...Respondents
(By Shri Gajendra Vasu, Senior Panel Counsel represents Shri
Sayed S. Kazi, ACGSC)
OA No. 170/00333/2021
T. Giri Babu
S/o T. Padmanabhaiah,
Aged about 32 years,
Working as GDS Packer,
Mukram Gunj SO, Raichur 584 102,
Residing at: H. No. 8-11-181/843/4,
Savitri Colony, Vasavi Nagar,
Raichur 504 103 .... Applicant
(By Shri P. Kamalesan, Advocate)
Vs.
1. Union of India
Rep. by its Secretary,
Department of Post,
Dak Bhavan, New Delhi 110 001
2. Chief Post Master General,
Karnataka Circle, Bengaluru 560 001
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
11
3. Post Master General,
N.K. Region,
Dharwad 580 001
4. Supt. of Post Offices,
Raichur Division,
Raichur 584 101 ...Respondents
(By Shri Gajendra Vasu, Senior Panel Counsel represents Shri
Sayed S. Kazi, ACGSC)
OA No. 170/00517/2021
J. Ranganayakalu,
S/o J. Peddanna,
Aged 31 years,
Working as GDS MD,
Yesawanthpur PO,
Bengaluru 560 022,
Residing at No. 1,
Rathnamma Building,
Yelumandamma Block,
Ramachandrapura,
Bengaluru 560 013 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary, Department of Posts,
Dak Bhavan, New Delhi 110 001
2. The Assistant Director (R&E),
O/o Chief Postmaster General,
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
12
Karnataka Circle,
Bengaluru 560 001
3. The Senior Superintendent
of Post Offices,
Bengaluru West Division,
Bengaluru 560 086 ...Respondents
(By Shri Vishnu Bhat, Senior Panel Counsel)
OA No. 170/00528/2021
Yesge Nagnath,
S/o Rama Rao Yesge,
Aged about: 29 years,
Working as GDS Packer/MC
Basavakalyan LSG SO 585 327
Residing at:
C/o Sudhakar Sutharave
Mulagar colony,
Tipparanath,
Basavakalyan 585 327 .... Applicant
(By Shri P. Kamalesan, Advocate)
Vs.
1. Union of India,
Through Secretary,
Department of Post,
Dak Bhavan, New Delhi 110 001
2. Post Master General,
N. K. Region,
Dharwad 580001
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
13
3. Chief Post Master General,
Karnataka Circle, Bangalore 560 001
4. Superintendent of Post Offices,
Bidar Division,
Bidar 585 401 ...Respondents
(By Shri K. Gajendra Vasu, Senior Panel Counsel)
OA No. 170/00546/2021
Jayapathi Narahari,
S/o J. Kodanda Ramulu,
Aged 32 years,
Working as GDS MD (Speed),
Banashankari 2nd Stage PO,
Bengaluru 560 070, residing at
No. 398, SLN Temple,
7th Cross, Manjunatha Nagar,
Ramamurthy Nagar,
Bengaluru 560 016 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary,
Department of Posts,
Dak Bhavan,
New Delhi 110 001
2. The Assistant Director (R&E)
O/o Chief Postmaster General,
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
14
Karnataka Circle,
Bengaluru 560 001
3. The Senior Superintendent
of Post Offices,
Bengaluru South Division,
Bengaluru 560 041 ...Respondents
(By Shri Gajendra Vasu, Senior Panel Counsel)
OA No. 170/00547/2021
Smt. P. Praghna,
W/o S. Srinivasa Reddy,
Aged 33 years,
Working as GDS MP,
Konanakunte PO,
Bengaluru 560 062, residing at
No. 777, Neelappa Building,
Ganesha Temple Street,
Konanakunte,
Bengaluru 560 062 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary,
Department of Posts,
Dak Bhavan,
New Delhi 110 001
2. The Assistant Director (R&E)
O/o Chief Postmaster General,
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
15
Karnataka Circle,
Bengaluru 560 001
3. The Senior Superintendent
of Post Offices,
Bengaluru South Division,
Bengaluru 560 041 ...Respondents
(By Shri Gajendra Vasu, Senior Panel Counsel)
OA No. 170/00548/2021
Smt. Tadimari Sneha,
W/o Raghavendra,
Aged 26 years,
Working as GDS BPM,
Shettihalli BO a/w S.S. Puram SO,
Tumkur 572 102, residing at
'Karunya Niwas',
3rd Main, Sri Sai Extension,
P.S. Palya, Sira Gate,
Tumkur 572 106 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary,
Department of Posts,
Dak Bhavan, New Delhi 110 001
2. The Assistant Director (R&E)
O/o Chief Postmaster General,
Karnataka Circle, Bengaluru 560 001
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
16
3. The Senior Superintendent
of Post Offices,
Tumkur Division, Tumkur 572 102 ...Respondents
(By Shri Gajendra Vasu, Senior Panel Counsel)
OA No. 170/00549/2021
Smt. Mangalavani,
W/o Harish K.Y.
Aged 30 years,
Working as GDS BPM/DP,
Lingadahalli BO a/w Pavagada SO,
Tumkur 561 202, residing at
Lingadahalli Post, Pavagada Taluk,
Tumkur District 561 202 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary,
Department of Posts, Dak Bhavan,
New Delhi 110 001
2. The Assistant Director (R&E),
O/o Chief Postmaster General,
Karnataka Circle, Bengaluru 560 001
3. The Senior Superintendent of Post Offices,
Tumkur Division,
Tumkur 572 102 ...Respondents
(By Shri Gajendra Vasu, Senior Panel Counsel)
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
17
OA No. 170/00348/2022
Jayapathi Narahari,
S/o J. Kodanda Ramulu,
Aged 33 years,
Working as GDS MD (Speed),
Banashankari 2nd Stage PO,
Bengaluru 560 070, residing at
No. 398, SLN Temple,
7th Cross, Manjunatha Nagar,
Ramamurthy Nagar,
Bengaluru 560 016 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary,
Department of Posts,
Dak Bhavan,
New Delhi 110 001
2. The Assistant Director (R&E)
O/o Chief Postmaster General,
Karnataka Circle,
Bengaluru 560 001
3. The Senior Superintendent of Post Offices,
Bengaluru South Division,
Bengaluru 560 041 ...Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
18
OA No. 170/00352/2022
Y. Murugesh,
S/o Yallappa,
Aged 33 years,
Working as GDS MD, Varthur PO,
Bengaluru - 560 087, residing at
Nadavatti Village & Post,
Hoskote Taluk,
Bengaluru 560 067 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary,
Department of Posts,
Dak Bhavan,
New Delhi 110 001
2. The Assistant Director (R&E)
O/o Chief Postmaster General,
Karnataka Circle,
Bengaluru 560 001
3. The Senior Superintendent of Post Offices,
Bengaluru East Division,
Bengaluru 560 025 ...Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
19
OA No. 170/00353/2022
Yesge Nagnath,
Age: 31 years,
S/o Rama Rao,
Working as Dak Sevak,
Basavakalyan SO 585 327
Bidar District,
Residing at:
C/o Sudakar Sutharavi
Mulgar colony,
Near Panchayat Kata,
Basava kalyan 585 327 .... Applicant
(By Shri P. Kamalesan, Advocate)
Vs.
1. Union of India,
Represented by Secretary,
Department of Post,
Dak Bhavan,
New Delhi 110 001
2. Chief Post Master General,
Karnataka Circle, Bangalore 560 001
3. Post Master General,
North Karnataka Region,
Dharwad 580001
4. Superintendent of Post Offices,
Bidar Division, Bidar 585 401 ...Respondents
(By Shri S. Prakash Shetty, Senior Panel Counsel)
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
20
OA No. 170/00354/2022
Sri Abge Krushna,
Age: 31 years,
S/o Babu Rao,
Working as ABPM
Balur B.O.,
A/w Nittur SO 585 444,
Bidar District,
Residing at:
C/o Lingashetty Nagashetty Malipatil,
Balur B.O 585 444,
Bhalki TK, Bidar District .... Applicant
(By Shri P. Kamalesan, Advocate)
Vs.
1. Union of India,
Represented by Secretary,
Department of Post,
Dak Bhavan, New Delhi 110 001
2. Chief Post Master General,
Karnataka Circle, Bangalore 560 001
3. Post Master General,
North Karnataka Region,
Dharwad 580 001
4. Senior Superintendent of Post Offices,
Bidar Division, Bidar 585 401 ...Respondents
(By Shri S. Prakash Shetty, Senior Panel Counsel)
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
21
OA No. 170/00355/2022
Narbage Sunil,
Age: 30 years,
S/o Prabhakar Rao,
Working as GDS BPM
Bhosga B.O
a/w Matala SO 585 419,
Basavakalyan Taluk, Bidar District,
Residing at:
C/o Mahd Hussani,
Bhosga BO 585 419,
Basavakalyan Taluk .... Applicant
(By Shri P. Kamalesan, Advocate)
Vs.
1. Union of India,
Represented by Secretary,
Department of Post,
Dak Bhavan, New Delhi 110 001
2. Chief Post Master General,
Karnataka Circle, Bangalore 560 001
3. Post Master General,
North Karnataka Region,
Dharwad 580 001
4. Senior Superintendent of Post Offices,
Bidar Division,
Bidar 585 401 ...Respondents
(By Shri S. Prakash Shetty, Senior Panel Counsel)
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
22
OA No. 170/00155/2023
Jayapathi Narahari,
S/o Sri Kodanda Ramulu,
Aged 34 years,
Working as GDS MD (Speed),
Banashankari 2nd stage PO,
Bengaluru 560 070,
Residing at No. 398,
SLN Temple, 7th Cross,
Manjunatha Nagar,
Bengaluru 560 016 .... Applicant
(By Shri A.R. Holla, Advocate)
Vs.
1. Union of India,
By Secretary,
Department of Posts,
Dak Bhavan,
New Delhi 110 001
2. The Assistant Director (R&E)
O/o Chief Postmaster General,
Karnataka Circle,
Bengaluru 560 001
3. The Senior Superintendent
of Post Offices,
Bengaluru South Division,
Bengaluru 560 041 ...Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019,
08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021,
528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022,
352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE
23
ORDER
PER: JUSTICE S. SUJATHA, MEMBER (J)
Since common and akin issues are involved in these matters, the same are clubbed, heard together and disposed of by this common order.
2. OA No. 07/2021 is taken as the leading case. The facts narrated by the applicant in the said OA No. 07/2021 are that the applicant was appointed as Gramin Dak Sevak Mail Packer (GDS MP) at Carmeleram Post Office with effect from 18.10.2012. The Chief Post Master General, Karnataka Circle, Bangalore issued a notification for holding Limited Departmental Competitive Examination (LDCE)/Competitive Examination for the post of Postman/Mail Guard from MTS/GDS officials vide letter No. R&E/1-7/2020 dated 28.11.2020 to be held on 10.01.2021. The applicant submitted an application to appear for LDCE. The Senior Superintendent of Post Offices, Bangalore South Division, Bangalore vide letter dated 31.12.2020, informed the applicant on 05.01.2021 that the applicant's case was not recommended to OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 24 appear for LDCE to be held on 10.01.2021 for the reason that the applicant has not studied local language - Kannada upto 10th standard.
3. The applicant states that on an earlier occasion also she was denied on the same ground to appear for LDCE during 2019. Being aggrieved, she approached this Tribunal in OA No. 1054/2019 challenging the portion of the Department of Posts Postman and Mail Guard (Group C Post) Recruitment Rules, 2018 ('Recruitment Rules, 2018' for short) which stipulates that a candidate should have studied local language at least upto 10th standard inter alia challenging the order dated 24.09.2019 issued by the Respondent No. 3 and for other consequential reliefs. This Tribunal vide order dated 26.09.2019 granted interim order directing the respondents to permit her to appear for LDCE and keep the result in a sealed cover. The applicant submits that when she was appointed as GDS MP during 2012, the Recruitment Rules for Postman and Mail Guard had no such eligibility condition of 10th standard study in local language prescribed to appear for the Postman/Mail Guard examination. The said condition was effected OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 25 in the Recruitment Rules for Postman and Mail Guard in 2018 and further amended vide amendment to the Department of Posts Postman and Mail Guard (Group 'C' Post) Recruitment Rules, 2018 vide GSR No. 157 (E) published in the official gazette on 05.03.2020 Department of Posts Postman and Mail Guard (Group 'C' post) Recruitment (Amendment) Rules, 2020 ('Amendment Rules, 2020' for short). Being aggrieved by the condition prescribed that the candidate should have studied local language upto 10th standard to appear for LDCE relating to the post of Postman/Mail Guard, the applicant has preferred this OA seeking for the following reliefs:
1) To quash the Notification dated 05.03.2020 issued by the Ministry of Communications, Department of Posts vide GSR 157 (E), amendment to Department of Posts Postman and Mail Guard (Group 'C' Post) Recruitment Rules, 2018 - Schedule Column No. 7 (b) (Annexure-A6) insofar as the condition that the candidate should have studied local language upto 10th standard.
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 26
2) To quash the order No. B2/MTS&GDS/PM/Exam/2020 dated 31.12.2020 issued by the Senior Superintendent of Post Offices (Annexure-A3).
4. Learned counsel Shri P. Kamalesan representing the applicant submitted that the eligibility criteria prescribed in the Department of Posts Postman and Mail Guard (Group 'C' Post) Recruitment Rules, 2018, that a candidate should have studied local language at least upto 10th standard for appearing in the examination for recruitment of Postman/Mail Guard is arbitrary and violative of Articles 14 and 16 of the Constitution of India. The applicant has been discharging the duties since the date of her appointment as GDS MP without any difficulty. The applicant has working knowledge of Kannada, though she has not formally studied the local language - Kannada as a subject upto 10th standard. The applicant is an internal candidate seeking appointment as Postman by appearing in LDCE. By imposing such irrational condition for appointment to the post of Postman/Mail Guard, the respondents are jeopardising the career OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 27 prospects of the applicant and similarly situated employees without any justification. Accordingly, seeks for interference of this Tribunal.
5. Learned counsel Shri A.R. Holla appearing for some of the applicants adopting the arguments of the learned counsel Shri P. Kamalesan submitted that the applicant - Smt. K. Anitha has initially challenged the portion of the Department of Posts Postman and Mail Guard (Group 'C' Post) Recruitment Rules, 2018 stipulating the condition that a candidate should have studied local language at least upto 10th standard in OA No. 1054/2019 inter alia challenging the order dated 24.09.2019 issued by the Senior Superintendent of Post Offices, Bengaluru whereby the applicant was informed, "Not recommended to appear in the examination to be held on 29.09.2019 as not studied Kannada at least upto 10th standard." Learned counsel argued that the said condition being violative of Articles 14 & 16 deserves to be set aside. Since the applicants have appeared for the LDCE pursuant OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 28 to the interim order granted by this Tribunal and found to be qualified, they have to be considered for selection.
6. Learned counsel representing the respondents submitted that the applicant has applied for the LDCE limited to GDS pursuant to the Notification dated 20.08.2019 and 28.11.2020 but the said applications were rejected by the Respondent No. 3 as she has not fulfilled the condition i.e., candidate should have studied local language (Kannada) at least upto 10th standard. However, as per the interim orders issued by this Tribunal in the said OAs (OA No. 1054/2019 and OA No. 07/2021), applicant has been permitted provisionally to appear for the LDCE for Postman/Mail Guard examination held on 29.09.2019 and 10.01.2021. The eligibility condition to appear in the LDCE for promotion to the cadre of Postman/Mail Guard has been issued by the Government of India through the Gazette Notification dated 20.09.2018. In compliance with the said notification issued, the candidature of the applicant was rejected for not fulfilling the condition of "studied local language (Kannada) as one of the language at least OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 29 upto 10th standard." The said condition has been made mandatory keeping in view the nature of work performed by the officials of cadre of Postman/Mail Guard. Since majority of the letters/postal articles dealt by the postal cadre officials is in Kannada language (local language), mere working knowledge would not be suffice in appointing a person to the post of Postman cadre. Moreover, prescribing conditions for the recruitment of a particular cadre officials rests with the competent authority. The Gramin Dak Sevaks are holders of civil post but they are outside the regular civil service due to which their appointment shall be treated as direct recruitment.
7. Learned counsel for the respondents has filed a memo furnishing the statement dated 21.09.2023 showing the details of the vacancies of Postman/Mail Guard filled during the years 2019- 2023 and details of the vacancies kept reserved. Placing reliance on the said statement, learned counsel submitted that the department has processed the sealed cover vis-à-vis the marks obtained by the last meritorious candidate in respective division OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 30 merit list on the directions issued by this Tribunal. On such an analysis, only 5 applicants herein, are found to be eligible against the 5 vacancies kept reserved. Learned counsel further submits that the applicants in OA No. 331/2021 and OA No. 333/2021 approached this Tribunal after appearing in the examination and there being no interim order, no vacancy was kept reserved in these cases.
8. We have carefully considered the submissions of the learned counsel for the parties and perused the material on record.
9. Recruitment Rules, 2018 are framed exercising the powers conferred under the proviso to Article 309 of the Constitution. The relevant portion of the said rules reads thus:
"(7) Educational and other qualifications required for direct recruits.
(i) xxxxxx
(ii) Knowledge of local language of the concerned State or Union territory. The candidate should have studied local language at least upto 10th standard. The local language of a State or Union territory shall be as published by Department of Posts."
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 31
10. Amendment has been effected to the said rules in terms of the Amendment Rules, 2020. The relevant portion of the said Amendment Rules, 2020 is extracted hereunder:
"In the Department of Posts Postman and Mail Guard (Group 'C' post) Recruitment Rules, 2018, in the SCHEDULE,-
(A) in serial number 1 relating to the post of Postman, under column (7), for the existing entries, the following entries shall be substituted, namely:-
"(a) 12th standard pass from a recognised Board;
(b) 10th standard pass from a recognised Board for the persons who are working as Gramin Dak Sevak (GDS). The candidate shall also possess the following, namely:-
(i) knowledge of local language of the concerned Postal Circle or Division and the candidate should have studied local language upto 10th standard.
(ii) knowledge of working on computer.
Note 1: The local language of a Postal Circle or Division shall be published by the Department of Posts." Similar amendment has been carried out to the post of Mail Guard as well.
11. It is trite law that the challenge to Recruitment Rules could be broadly made on the following grounds:
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 32
1. The competency; or
2. Violation of any Fundamental Rights; or
3. Violation of any other constitutional provisions.
12. The impugned rules are challenged mainly on the ground that it violates Articles 14 and 16 of the Constitution of India in imposing a condition that the candidate should have studied local language upto 10th standard. Equality before law and Equal protection of law are the Fundamental Rights guaranteed under Article 14 of the Constitution. Equality of treatment in equal circumstances does not mean that all laws are general in nature and has universal application. There is no cavil on the power vested with the administration in prescribing conditions for the recruitment of the particular cadre officials but the same cannot be in violation of Articles 14 and 16 of the Constitution. Indeed, Article 14 permits reasonable classification but prohibits class legislation. Two conditions required to pass the test of permissible classification are:
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 33
1. The classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group,
2. The differentia must have the rational nexus with the object sought to be achieved by the statutes/rules in question.
Thus, there must be a substantial basis for making the classification and there should be a rational nexus between the basis of classification and the object of the rules intended to be achieved. Article 14 does not only relate to the principles of classification but it is a primary guarantee against arbitrariness.
13. Article 16 (1) and (2) of the Constitution guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, only on the grounds of religion, race, caste, sex, descent, place of birth or any of them, be ineligible for, or discriminated against in respect of, any employment or office under OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 34 the State. However, Article 16 does not preclude the State from prescribing the requisite credentials/qualifications and screening tests for government service recruitment.
14. It is true that knowledge of local language for the post of Postman/Mail Guard is necessary, considering the nature of work carried out by the officials of the said cadre since majority of the letters/postal articles dealt by the Postman cadre officials may be in local language, but the same cannot be stretched too far to stipulate a condition that the candidate should have studied local language upto 10th standard. The mandatory condition that the candidate should have studied local language upto 10th standard certainly deprives the opportunity of candidates of local State studying CBSE and other State Board syllabus as well as the candidates of concerned States living in other States and not studying local language due to various reasons like parents working in Central Government/Civil Services/Armed Force, etc., In all fairness, if a person is not possessing the knowledge of local language of the concerned postal circle or division, an opportunity has to be OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 35 provided to such a candidate for passing local language test and passing of such local language test to be made a pre-condition for completion of probation. In other words, a person not possessing the knowledge of local language of the postal circle or division concerned, has to be considered as eligible candidate for appointment subject to passing of such local language test before completion of probation. Prescribing a condition that the candidate should have studied local language upto 10th standard certainly, in our considered view, does not pass the muster of Articles 14 and 16 of the Constitution to make it valid in the eye of law, as the said classification has no rational nexus to achieve the object of the rules for the recruitment of Postman. On these grounds, the condition stipulated in the Recruitment Rules, 2018 and Amendment Rules, 2020 inasmuch as the candidate should have studied local language at least upto 10th standard is discriminatory, arbitrary and unsustainable in the eye of law. The selection panel has already been made as per the rules in vogue at the relevant point of time. None of the selected candidates are arrayed as parties in these applications. Hence, it is held that the declaration made inasmuch OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 36 as prescribing the condition that the candidate should have studied local language at least upto 10th standard, shall not disturb the selection panel already made.
15. It appears, having regard to the lacunae pointed out by the stakeholders, the same has been cured in the Department of Posts Postman and Mail Guard (Group 'C' post) Recruitment (Amendment) Rules, 2023 ('Amendment Rules, 2023' for short). No doubt, the said Amendment Rules, 2023 has come into force on the date of publication in the Official Gazette but the phrase used is "substituted" to give effect to the amendment. The relevant portion of the said Amendment Rules, 2023 is extracted hereunder for ready reference:
"In the Department of Posts Postman and Mail Guard (Group 'C' post) Recruitment Rules, 2018, in the Schedule -
(a) against serial number 1 relating to the post of Postman, -
I. under column (7), for the existing entries, the following entries shall be substituted, namely:
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 37 "(i) 10th standard pass from a recognized Board for the persons who are working as Gramin Dak Sevak in the Department of Posts and 12th standard pass from a recognized Board for all others.
(ii) Knowledge of working on Computer.
(iii) Knowledge of local language of the concerned Postal Circle or Division.
(iv) Possessing a valid license to drive two-wheeler or light motor vehicle:
Provided that Persons with Benchmark Disability shall be exempted from the possession of such license.
Note 1.- Local language of a Postal Circle or Division shall be as per administrative instructions issued by the Department of Posts from time to time.
Note 2.- A person not possessing the knowledge of local language of the Postal Circle or Division concerned shall also be eligible for appointment, however, such person after appointment shall pass local language test to be conducted in the manner as may be decided by the Postal Circle concerned and passing of such local language test shall be a pre-condition for completion of probation:
Provided that a person who has passed local language of the Postal Circle or Division concerned as one of the subjects in 10th standard or above shall be exempted from such local language test:
Provided further that Gramin Dak Sevak shall be exempted from such local language test.
xxxxx"
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 38
16. We are conscious of the clarificatory nature of amendments and its effect in service matters. The aforesaid Amendment Rules, 2023 certainly throws some light in resolving the controversy involved herein. The condition that the candidate should have studied local language at least upto 10th standard has been omitted. On the other hand, Note-2 thereof, provides for a person not possessing the knowledge of local language of the Postal Circle or Division concerned shall also be eligible for appointment, however, such person after appointment shall pass local language test to be conducted in the manner as may be decided by the Postal Circle concerned and passing of such local language test shall be a pre-condition for completion of probation. Further, the proviso carves out an exception that a person who has passed local language of the Postal Circle or Division concerned as one of the subjects in 10th standard or above shall be exempted from such local language test.
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 39
17. The said method being fair and justifiable as expressed by us in the preceding paragraphs, the same procedure would have been initially prescribed. However, the defects are now cured. Be that as it may, without embarking on the interpretation of the phrase 'substituted' employed in the Amendment Rules, 2023, the issue involved in these cases could be easily resolved without disturbing the selected panel having regard to the interim orders passed by this Tribunal directing the respondents to permit the applicants to appear for the LDCE held on 29.09.2019, 10.01.2021, 14.11.2021 04.09.2022 and 30.04.2023 and further to keep their results in sealed covers. Sealed cover results were opened by the Tribunal and in some of the order sheets it is recorded that the applicants were found qualified. Accordingly, we had directed the department to process the sealed cover results of all the applicants vis-à-vis the selected panel candidates for the post of Postman/Mail Guard and to submit a consolidated statement inasmuch as the status of the applicants with respect to their qualification, zone of consideration and the availability of vacancies. Accordingly, statement has been filed by the Respondent No. 2 (Annexure-R1), the same reads thus:
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 40 Vac Date of OA Name of the Division C Eligibilit Marks DES Cut off marks obtained by the y ancy Notific No. applicant at obtained by T last meritorious candidate in Criteria year ation eg as per the respective Division merit list Wheth Whet No. s & or RR- candidate er her of Exam y Conditio coming vaca vaca n of Whether Results in the ncy ncies Local Languag qualified kept in zone of avail kept e upto or not sealed conside able reser 10th cover ration ved standard P-I P-II P-III UR SC ST OBC EW (Me (Qual (Qual S rit) ifying ifying 1052/ N. Bengaluru O No 82 31 25 Qualified N/A 52 N/A 76 N/A Submitted Yes Yes 1 2019 Radhamma West B to Court C 20-08-
1053/ Jayapathi Bengaluru U No 66 29 22.56 Qualified 82 N/A 66 N/A N/A Submitted No No 0 2018 2019 2019 Narahari South R to Court & 2019 29-09-
1054/ K. Anitha Bengaluru OB No 68 26 25 Qualified N/A N/A 66 82 N/A Submitted No No 0
2019 C
2019 South to Court
1060/ Y. Murgesh Bengaluru S No 64 25 22.57 Qualified N/A 64 50 72 N/A Submitted No No 0
2019 East C to Court
07/ K. Anitha Bengaluru O No 104 19 25 Qualified 124 104 110 120 104 Yes No No 0
28-11- B
2020 2020 2021 South
C
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 41 08/ Jayapathi Bengaluru U No 98 27 25 Qualified 124 104 110 120 104 Yes No No 0 10-01- 2021 Narahari South R 2021 09/ Y. Murugesh Bengaluru S No 96 28 24.75 Qualified 116 110 80 114 106 Yes No No 0 2021 East C 10/ Konda Bengaluru S No 96 24 24.38 Qualified 116 110 80 114 106 Yes No No 0 2021 PenchalaRao East C 331/ P. Nagesh Raichur O No 146 27 21.42 Qualified 126 N/A N/A N/A N/A Yes Yes No 0 2021 Goud B C 333/ T. Giri Raichur E No 122 30 23.08 Qualified N/A N/A N/A N/A Yes Yes No 0 2021 Babu W S 546/ Jayapathi Bengaluru U No 74 19 N/E Not 84 64 68 78 64 Yes No No 0 2021 Narahari South R Qualified 547/ P. Praghna Bengaluru U No 82 19 N/E Not 84 64 68 78 64 Yes No No 0 2021 South R Qualified 548/ Tadimari Tumakuru U No 72 19 N/E Not 112 106 78 110 N/A Yes No No 0 2021 Sneha R Qualified 549/ Mangalavani Tumakuru O No 54 11 N/E Not 112 106 78 110 N/A Yes No No 0 04-10- 2021 B Qualified 2021 C 2021 517 J.Ranganaya Bengaluru S No 54 10 N/E Not 102 78 58 102 N/A Yes No No 0 14-11- /2021 kalu West C Qualified 2021 OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 42 528/ Yesge Bidar OB No 80 14 N/E Not 86 N/A N/A N/A N/A Yes No No 0 C 2021 Nagnath Qualified P-I P-II P-IV &II DEST (Co I(Qu alifyi (Quali mbi ng fying ned) 354/ Abge Bidar OB No 68 32 24.08 Qualified 64 50 50 N/A N/A Yes Yes Yes 1 C 2022 Krushna 355/ Narbage Bidar S No 58 17 25 Qualified 64 50 50 N/A N/A Yes Yes Yes 1 15-07- 2022 Sunil C 2022 352/ Y. Murgesh Bengaluru S No 74 26 21.76 Qualified 60 50 58 56 N/A Yes Yes Yes 1 2022 2022 East C 04-09- 353/ Yesge Bidar OB No 70 22 24.51 Qualified 64 50 50 N/A N/A Yes Yes Yes 1 C 2022 2022 Nagnath 348/ Jayapathi Bengaluru U No 66 17 N/E Not 60 58 N/A 56 N/A Yes No No 0 2022 Narahari South R Qualified 15-03- 2023 155/ Jayapathi Bengaluru U No 82 8 N/E Not 92 N/A N/A 84 N/A Yes No No 0 2023 30-04- 2023 Narahari South R Qualified 2023 N/E = Not Eligible for DEST N/A = Not Applicable OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 43
18. In view of the aforesaid, 7 candidates amongst the applicants herein, have come under the zone of consideration and 5 vacancies are kept reserved as under:
Sl. Name of the applicant Vacancies kept
No. reserved
1 N. Radhamma Yes
2 Abge Krushna Yes
3 Narbage Sunil Yes
4 Y. Murugesh Yes
5 Yesge Nagnath Yes
6 P. Nagesh Goud -
7 T. Giri Babu -
Thus, it is clear that, pursuant to the interim order granted by this Tribunal, the applicants have appeared for the LDCE examination held for the post of Postman/Mail Guard and the department has kept reserved the vacancies of 5 posts. Hence, 5 qualifying candidates coming under the zone of consideration have to be considered for the said vacant posts kept reserved.
19. In respect of OA No. 331/2021, the applicant Shri P. Nagesh Goud comes under the zone of consideration as he has OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 44 scored 146 marks in Paper-1 for the vacancy year 2020 and merit list has been drawn accordingly, but no vacancy is earmarked. Similarly, Shri T. Giri Babu, applicant in OA No. 333/2021, EWS candidate comes under the zone of consideration as he has scored 122 marks in Paper-1 for the vacancy year 2020. Since there was no other meritorious EWS candidate in the merit list, it is stated by the respondents that the cut off marks obtained by the last meritorious candidate in respect of divisional merit list under EWS Category do not arise for the vacancy year 2020. Indeed, these two applicants in OA No. 331/2021 and OA No. 333/2021 were permitted by the respondents to appear for LDCE and though found to be qualified, they were not considered for selection as having not studied the local language - Kannada upto 10th standard. No vacancies were reserved regarding these 2 cases. These applicants being similarly situated to that of the other 5 qualifying candidates referred to supra, and having been permitted by the department to appear for LDCE, they cannot be discriminated. Hence, we find it appropriate to direct the respondents to create 2 supernumerary posts adjusting for future vacancies so far as these 2 applicants are concerned.
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 45
20. For the reasons aforesaid, we pass the following:
:ORDER:
(i) The condition stipulated in the Department of Posts Postman and Mail Guard (Group 'C' Post) Recruitment Rules, 2018 and the Amendment Rules, 2020, that "the candidate should have studied local language at least upto 10th standard" for the post of Postman/Mail Guard is held to be unconstitutional. However, this declaration shall not affect the selection panel already made in terms of the existing Rules at the relevant point of time.
(ii) The respondents shall consider the following applicants, being qualified and coming under the zone of consideration for the post of Postman/Mail Guard against the vacancy kept reserved pursuant to the interim order passed by this Tribunal and issue necessary orders:
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 46 Sl. OA No. Name of the applicant No. 1 1052/2019 N. Radhamma 2 354/2022 Abge Krushna 3 355/2022 Narbage Sunil 4 352/2022 Y. Murugesh 5 353/2022 Yesge Nagnath
(iii) Respondents shall create two supernumerary posts for the vacancy year 2020, adjusting for future vacancies relating to the following candidates:
Sl. OA No. Name of the applicant
No.
1 331/2021 P. Nagesh Goud
2 333/2021 T. Giri Babu
(iv) The applicants in the other connected OAs not coming
under the zone of consideration, further consideration of their candidature does not arise.
(v) OA Nos. 170/01052/2019, 170/00354/2022, 170/00355/2022, 170/00353/2022, 170/00352/2022, 170/00331/2021 and 170/00333/2021 are allowed to the extent indicated above.
OA.No.07/2021, 1052/2019, 1053/2019, 1054/2019, 1060/2019, 08/2021, 09/2021, 10/2021, 331/2021, 333/2021, 517/2021, 528/2021, 546/2021, 547/2021, 548/2021, 549/2021, 348/2022, 352/2022, 353/2022, 354/2022, 355/2022, 155/2023/CAT/BANGALORE 47
(vi) OA Nos. 170/00007/2021, 170/00546/2021, 170/00547/2021, 170/00548/2021, 170/00549/2021, 170/01053/2019, 170/01054/2019, 170/01060/2019, 170/00008/2021, 170/00009/2021, 170/00010/2021, 170/00348/2022, 170/00517/2021, 170/00528/2021 and 170/00155/2023 stand disposed accordingly.
(vii) Compliance shall be made in an expedite manner, in any event, not later than 12 weeks from the date of receipt of the certified copy of the order.
(viii) No order as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/ksk/