Central Administrative Tribunal - Chandigarh
Sunita Kalkal vs Union Of India on 7 January, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH O.A. No.606/HR/2012 Dated: 07.01.2013 CORAM: HONBLE MRS. PROMILLA ISSAR, MEMBER (A) & HONBLE MR. SANJEEV KAUSHIK, MEMBER (J) Sunita Kalkal, wife of Sh. Satish Kumar, aged 42 years, working as Assistant Post Master (High Selection Grade-I), Bhiwani Head Post, Haryana. ..Applicants Versus 1.Union of India, through Secretary-cum-Director General, Ministry of Communications & Information Technology Department of Posts, Dak Bhawan, New Delhi-110001. 2.Chief Postmaster General, Haryana Circle, Ambala. 3.Director Postal Services, Haryana Circle, Ambala. 4.Superintendent Post Offices, Bhiwani Division, Bhiwani. .Respondents Present: Sh. Rohit Seth, counsel for the applicant Sh. Rohit Sharma, proxy for Sh.Deepak Agnihotri, counsel for the respondents. ORDER(Oral)
(BY Honble Mrs. Promilla Issar, Member(A)
1. Learned counsel for the applicant seeks and is allowed to file the rejoinder in the Court today, which may be taken on record, subject to scrutiny by the Registry. He also states that as per Annexure A-13 attached with the rejoinder, the Superintendent of Post Offices, Bhiwani Division, Bhiwani, has recommended her case for appearing in the Limited Departmental Competitive Examination for promotion to the cadre of P.S. Group B and has also indicated in the said letter that there is nothing adverse against her on record since the adverse remarks in her ACR were not communicated to her. On this ground, he argues that the O.A. has become infructuous and it may be disposed of as such.
2. We have heard the learned counsel for the parties and have perused the material on record.
3. The applicant has prayed in the O.A. that the action of the respondents in not forwarding her case for appearing in the LDCE on the basis of an adverse entry in her ACR, may be set aside and they may be directed to allow her to appear in the LDCE to be conducted on 03.06.2012. In view of Annexure A-13, which is a letter dated 30.05.2012 from the Superintendent of Post Offices, Bhiwani, to the Chief Post Master General, Haryana Circle, Ambala, the necessary relief has already been granted to the applicant and therefore this O.A. has become infructuous. Consequently, this O.A. is disposed of as having become infructuous, since the relief asked for by the applicant has been granted. Needless to say that we have not expressed our views regarding the merits of the case and the respondents would be at liberty to take any decision regarding the promotion of the applicant on the basis of her eligibility, as per law and rules.
(SANJEEV KAUSHIK) (PROMILLA ISSAR) MEMBER(J) MEMBER (A) PLACE: CHANDIGARH. DATED: 07.01.02013. sv: