Central Administrative Tribunal - Bangalore
Rajalaxman vs D/O Posts on 27 December, 2023
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OA.No.170/00356/2022/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00356/2022
DATED THIS THE 27TH DAY OF DECEMBER, 2023
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE MR. RAKESH KUMAR GUPTA, MEMBER (A)
Sri Rajalaxman,
Aged about: 27 years,
S/o Rajakumar Nayak,
Working as MTS-at Kalaburgi HO,
Kalaburagi 585 101,
Residing at:
Chinchodi B.O.
Devdurg Taluk, Raichur 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
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OA.No.170/00356/2022/CAT/BANGALORE
4. Senior Superintendent of Post Offices,
Kalaburgi Division,
Kalaburgi 585 101 ...Respondents
(By Shri S. Prakash Shetty, Senior Panel Counsel)
O R D E R (ORAL)
PER: JUSTICE S. SUJATHA, MEMBER (J)
This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"(a) Quash the senior superintendent of post offices, Kalaburgi Dn, Kalaburgi 585 101 letter No. KLB/B2/GDS to Postman/Exam/Dlgs/dated: 19-8-2022/22-8-2022 vide Annexure-A11.
(b) Consequently, direct the respondents to permit the applicant to appear in LDCE to be held on 4-9-2022, vide notification issued by Chief Post Master General, Karnataka Bangalore vide letter No. R&E/2-19/2022 dated: 15-7-2022 vide Annexure-A10.
(c) Direct the respondents to consider for appointment as postman/mail guard, in the event of selection of applicant in LDCE dated: 4-9-2022.
(d) Grant any other relief as deemed fit into the facts and circumstances of the case, in the interest of justice and equity."
2. The brief facts as narrated by the applicant are that he was appointed as Gramin Dak Sevak (GDS) from 11.04.2016 and 3 OA.No.170/00356/2022/CAT/BANGALORE was working at Kasarbhoga SO at Kalaburgi postal division. Pursuant to the Notification dated 16.07.2018 issued by the Respondent No. 2 for holding a competitive examination for selection to Army Postal Service (APS) as Multi-Tasking Staff (MTS) from GDS officials, the applicant being qualified, was provisionally selected for joining for APS only as Sepoy/Packer vide letter issued by the Respondent No. 4 dated 04.04.2019. However, the applicant was posted as MTS at Kalaburgi HO temporarily from 23.01.2020 pending deputation to APS vide letter dated 23.01.2020 issued by the Respondent No. 4. Even after two years, the applicant was not deputed to APS and continued as MTS temporarily at Kalaburgi HO. Hence, the applicant submitted representation dated 08.02.2022 requesting the respondents to revert him to GDS post to which the Respondent No. 4 directed the applicant vide his letter dated 14.02.2022 to submit unconditional declination of MTS post. Accordingly, the applicant submitted the declination letter on 22.03.2022 which was forwarded to the Respondent No. 3. Thereafter, Respondent No. 4 requested Respondent No. 3 to accord permission to delete the GDS post at Kalhangara BO account with Jewargi SO migrated to GDS online cycle-4, for reversion of candidate. The applicant submitted 4 OA.No.170/00356/2022/CAT/BANGALORE representations reminding the respondents regarding his earlier request for reversion. In the meantime, Respondent No. 2 issued a Notification dated 15.07.2022 for conducting Limited Departmental Competitive Examination (LDCE) for cadres of Postman/Mail Guard from GDS quota vacancies scheduled to be held on 04.09.2022. The application submitted by the applicant for participating in the said examination was turned down on the plea that he was working as MTS. Being aggrieved, the applicant has preferred this OA.
3. This Tribunal vide order dated 02.09.2022 directed the respondents to permit the applicant to appear in the LDCE for recruitment of Postman/Mail Guard to be held on 04.09.2022 pursuant to the Notification No. R&E/2-19/2022 dated 15.07.2022 at Bangalore, subject to the result of this Original Application. It was further observed that no examination result of the applicant shall be announced and the same shall be placed before the Bench in a sealed cover. The sealed cover results placed before the Bench was opened in the open court, in the presence of the learned counsel appearing for both the parties on 22.12.2023. As per the sealed cover results, the applicant has scored the qualifying marks. 5
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4. Learned counsel Shri P. Kamalesan representing the applicant submitted that the applicant appeared for MTS competitive examination pursuant to the Notification dated 16.07.2018 and selected for deputation to APS, and appointed as MTS on technical ground. Pending deputation to APS, the applicant was temporarily posted as MTS at Kalaburgi HO from 23.01.2020 but even after two years, he was not deputed to APS. Placing reliance on para 4 (iii) of the Notification dated 16.07.2018, learned counsel submitted that the GDS who are on deputation to APS on technical appointment as Group D from civil side only for the purpose of deputation to APS and who are GDS for all purposes in civil side are eligible to appear against GDS quota. The applicant's appointment as MTS was for the purpose of deputation to APS, since the same was not confirmed, he has to be treated as GDS on civil side. Hence, non-recommendation of the applicant's case for participating in LDCE held on 04.09.2022, for the post of Postman/Mail Guard is arbitrary. Referring to the sealed cover results referred to above, learned counsel submitted that the applicant having passed the LDCE held on 04.09.2022, comes under the zone of consideration. Accordingly, seeks for a direction 6 OA.No.170/00356/2022/CAT/BANGALORE to the respondents to consider the applicant for appointment as Postman/Mail Guard.
5. Learned counsel Shri S Prakash Shetty representing the respondents argued that the applicant had appeared for MTS examination held on 09.09.2018 pursuant to the Notification dated 16.07.2018 and selected as MTS against appointment to the post of MTS under 25% direct recruitment for joining APS as Sepoy/Packer as per the Memo issued by the Respondent No. 4 dated 04.04.2019. The applicant was deployed in civil side till his absorption in APS. As such, he was posted as MTS Kalburgi HO in civil side and he joined on 29.02.2020. The applicant was deployed to APS, Recruiting Cell, Bengaluru for recruitment during the month of August-September, 2020 as well as during March-April, 2021. However, till date no absorption letter has been issued by APS authorities. In the meantime, the applicant submitted representation for reversion from MTS to GDS which was forwarded to the Respondent No. 2 along with his declination to MTS which indeed was rejected as the applicant has not submitted his request for reversion within one year from the date of appointment to MTS post. The same was conveyed by Respondent 7 OA.No.170/00356/2022/CAT/BANGALORE No. 3 to Respondent No. 4 vide letter dated 11.10.2022. Learned counsel further submitted that the following are the eligibility conditions for GDS to appear for the post of Postman/Mail Guard examination held in pursuant to the notification issued by Respondent No. 2 dated 15.07.2022 for LDCE to Gramin Dak Sevaks for recruitment to the post of Postman/Mail Guard relating to the vacancy year 2022 (01.01.2022 to 31.12.2022):
i) GDS who have worked regularly for five years in that capacity as on crucial date of eligibility i.e., 01.01.2022.
ii) Education qualification - 10th standard pass from recognized board
iii) Age:- Maximum age as on crucial date of eligibility for UR candidates shall be 50 years for (Relaxable for different categories as notified by the Government of India from time to time)
iv) The candidate should have studied KANNADA at least upto 10th standard.
v) Knowledge of working on a computer.
vi) Motor vehicle. Persons with disability are exempted from the possession of license. However, GDS without 8 OA.No.170/00356/2022/CAT/BANGALORE license to drive two-wheeler or light motor vehicle shall also be allowed to appear in the competitive examination.
6. Further, the notification for LDCE for promotion to the posts of Postman/Mail Guard from eligible MTS officials scheduled on 04.09.2022 for the vacancy year 2022 was issued by Respondent No. 2 vide Notification dated 15.07.2022. MTS in Level-1 of the pay matrix with three years of regular service in the grade as on crucial date of eligibility i.e. 01.01.2022 are eligible to appear for the said examination. The applicant was not eligible for the post of Postman/Mail Guard examination for MTS as he was appointed as MTS on 29.02.2020 and did not complete three years of service in MTS cadre. The applicant has applied for the competitive examination limited to GDS for recruitment to the post of Postman/Mail Guard examination vide his application dated 08.08.2022. Respondent No. 4 did not recommend the application of the applicant as he was not working as GDS as on the date of application but was working in MTS cadre. However, as per the interim order of this Tribunal dated 02.09.2022, the applicant was permitted to appear in the competitive examination limited to GDS 9 OA.No.170/00356/2022/CAT/BANGALORE for recruitment of Postman/Mail Guard held on 04.09.2022 provisionally and the result has been kept in a sealed cover. Learned counsel fairly admitted that the applicant has scored the qualifying marks and had come under zone of consideration but he being already in MTS cadre, becomes ineligible for the post of Postman/Mail Guard from GDS. To become eligible from MTS cadre, he has to complete three years of regular service in MTS but the said eligibility also is not fulfilled since he was appointed as MTS on 29.02.2020. Hence, seeks for dismissal of the application.
7. We have carefully considered the submissions of the learned counsel appearing for the parties and perused the material on record.
8. The points that arise for our consideration are:
1) Whether the applicant is eligible to appear for the competitive examination limited to GDS for the post of Postman/Mail Guard held on 04.09.2022 pursuant to the Notification dated 15.07.2022 issued by the Respondent No. 2?10
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2) Whether the applicant is entitled to be considered for the post of Postman/Mail Guard pursuant to qualifying marks scored by him in the LDCE limited to GDS held on 04.09.2022?
9. Re. Point No. 1: The undisputable facts are, the applicant was provisionally selected for appointment to the post of MTS under 25% direct recruitment on the basis of competitive examination restricted to the GDS of the recruiting Division/Unit for joining for APS only as Sepoy/Packer for the year 2017-2018 having declared successful in the examination held on 09.09.2018 pursuant to the recruitment notification dated 16.07.2018 vide memo issued by the Respondent No. 4 dated 04.04.2019. As per the memo dated 23.01.2020 issued by the Respondent No. 4, the applicant was temporarily deployed as MTS in civil side till he is finally deputed to APS subject to the condition that he has to be found medically fit as per the fitness criteria fixed by the Department of Posts/Army Postal Service from time to time. It was explicitly made clear that the applicant should clearly understand that he will be reverted back as GDS if he is found unfit in the medical examination at army recruiting unit. The promotion to the 11 OA.No.170/00356/2022/CAT/BANGALORE cadre of MTS was exclusively for APS only for joining as Sepoy/Packer subject to his medical fitness. Since no steps were taken regarding fulfilment of selection process for deputation to APS even after the lapse of 2 years, the applicant sought for reverting him to his original GDS post i.e. BPM, Kasarabosga BO account with Jewargi SO. In response to his representation, Respondent No. 4 requested the applicant to submit his unconditional declination to the post of MTS in the format enclosed for further onward submission to Regional Office/Circle Office. The applicant's unconditional declination for appointment of MTS in the format enclosed by the RO was submitted by the applicant and the same was forwarded by the Respondent No. 4 to the Respondent No. 3 on 22.03.2022.
10. Further, Respondent No. 4 vide letter dated 31.03.2022 addressed to Respondent No. 3 requested to kindly accord the permission to delete Kalhangarga BO account with Jewargi SO as BPM post which was migrated to GDS online cycle-4 and for the reversion of the applicant from MTS to GDS. However, the application submitted by the applicant pursuant to the recruitment 12 OA.No.170/00356/2022/CAT/BANGALORE notification dated 15.07.2022 issued by the Respondent No. 2 to hold the competitive examination limited to Gramin Dak Sevaks for recruitment to the post of Postman/Mail Guard for the vacancy year 2022 scheduled to be held on 04.09.2022 was not recommended by the Respondent No. 4 as the applicant was working as MTS on the crucial date i.e. 01.01.2022 and not as GDS. The request of the applicant to revert him back to the GDS post was rejected by the Respondent No. 2 vide letter dated 07.10.2022 assigning the reason that as per the rule, reversion request should be made within one year from the date of appointment to the MTS post, as the applicant has joined in MTS cadre on 29.02.2020, his request for reversion is beyond the permissible time (Annexure-R1).
11. It is significant to note from the letter of DDG (P), Government of India, Ministry of Communications and IT, Department of Posts dated 27.02.2018 addressed to all the Chief Postmaster General, All Circles (Annexure-R2), vide letter dated 04.10.2017, all the postal circles were directed to stop sending MTS officials to Army Postal Service Centre, Kamptee in Nagpur for training till further orders from the Directorate. However, some of the postal circles have sought guidance on conducting examination 13 OA.No.170/00356/2022/CAT/BANGALORE for filling up of 25% vacancies from joining APS in the cadre of MTS as provided in the Recruitment Rules of MTS, 2010. The matter being taken up with the Ministry of Defence for relaxation of restrictions imposed on deputation of postal personnel to APS, a clarification being awaited from Ministry of Defence, it was stated that, till such time, 25% vacancies which are primarily the vacancies occurring in civil side may be filled up and the candidates so recruited may be temporarily deployed in the civil side till they are finally deputed to APS. Thus, it is clear that though the applicant was provisionally selected for appointment to the post of MTS for joining for APS only as Sepoy/Packer for the year 2017-2018 vide memo dated 04.04.2019 issued by the Respondent No. 4 (Annexure-A2), he was finally not deputed to APS even after two years. The said selection was subject to the condition that he has to be found medically fit as per the fitness criteria fixed by Department of Posts/Army Postal Service from time to time.
12. Two relevant factors ex-facie apparent from the provisional selection order dated 04.04.2019 (Annexure-A2) and further clarification dated 23.01.2020 (Annexure-A3) are: 14
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1) The said selection was made for appointment to the post of MTS under 25% direct recruitment on the basis of competitive examination restricted to the GDS of the recruiting Division or Unit for joining for APS only as Sepoy/Packer for the year 2017-2018.
2) The applicant was temporarily deployed as MTS in civil side till he is finally deputed to APS subject to the condition that he has to be medically fit as per the fitness criteria fixed by the Department of Posts/Army Postal Service from time to time.
A clause was also added in the letter dated 23.01.2020 (Annexure- A3) that the applicant will be reverted back as GDS if he is found medically unfit in the medical examination at army recruiting unit. Again, it was reiterated that the promotion to the cadre of MTS is exclusively for APS only for joining as Sepoy/Packer subject to his medical fitness.
13. From the aforesaid conditions prescribed, it is manifestly clear that the applicant's promotion to the cadre of MTS was exclusively for APS only and it was provisional subject to the condition that he has to be found medically fit as stated above, but no such medical examination was conducted by the army recruiting 15 OA.No.170/00356/2022/CAT/BANGALORE unit. The selection process has not reached to its logical end. The applicant was kept in limbo. Two years period of uncertainty is not fair and reasonable. The reason assigned by the Respondent No. 2 for rejecting the request of the applicant for reversion is based on the instructions dated 08.03.2021 issued by the Government of India, Ministry of Communications, Department of Posts. The relevant paragraphs of the said instructions reads thus:
"i. GDS appointed to the post of MTS/Postman/Mail Guard/PA/SA, whether on the basis of seniority-cum- fitness or Competitive Examination Limited to GDS, will have to make a written request for reversion to GDS cadre.
ii. Request should be made within one year from the date of appointment to the aforesaid posts in the regular establishment."
On a plain reading of these clauses, it is crystal clear that the request should be made within one year from the date of appointment to the post of MTS in the regular establishment for reversion to GDS cadre. No regular appointment order as MTS for APS was issued to the applicant as on the crucial date i.e., 01.01.2022. Moreover, clause 4 (iii) of the recruitment notification dated 16.07.2018 is attracted in the present case. The said clause is quoted hereunder for ready reference:
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OA.No.170/00356/2022/CAT/BANGALORE "iii) The GDSs who are on deputation to APS on technical appointment as Group D from civil side, only for the purpose of deputation to APS, and who are GDSs for all purpose in civil side are eligible to appear against GDS quota."
The applicant was on technical appointment for the purpose of deputation to APS but was GDS for all purpose in civil side, he was eligible to appear against GDS quota.
14. As discussed in the preceding paragraphs, at no point of time the applicant was appointed to the post of MTS in the regular establishment i.e., in APS for which alone his selection was made. Hence, in our considered view, the period of one year relied upon by the Respondent No. 2 is not at all applicable to the facts of the present case. As such, Annexure-R1 issued on 07.10.2022 subsequent to filing of the OA before this Tribunal is wholly untenable and cannot be countenanced. On the other hand, the request of the applicant ought to have been considered by the Respondent No. 2 in a judicious manner, having regard to the peculiar facts and circumstances of the case. Rejecting the request of the applicant for reversion to the post of GDS, on hyper- technicalities, mechanically without application of mind, does not pass the test of muster. In the circumstances, in our considered 17 OA.No.170/00356/2022/CAT/BANGALORE view, the applicant was eligible to appear for the LDCE held on 04.09.2022. Point No. 1 is answered accordingly.
15. Re. Point No. 2: The sealed cover results of the applicant placed on record by the respondents reads thus:
Sl Roll Name & Cat Paper Paper- Paper- Parent Category N No. Designation ego -I&II III IV Region/ /Division o of the ry (Meri (Object (DEST Division to which candidate t) ive+ (Qualif provision Descrip ying ally tive) selected (Qualif ying) 1 6222 Rajalaxman ST 90 34 24.77 NK/Kala UR/Kala 4530 Nayak buragi buragi 69 Category-wise qualifying marks required to be obtained by the candidates to be eligible for considering them for appointment is as under:
Paper UR OBC SC ST EWS Paper-I & II 60 56 50 50 56 Paper-III 20 18.5 16.5 16.5 18.5 (Qualifying) Paper-IV 15 15 12.5 12.5 15 (Qualifying)
As per the Note dated 22.12.2023 issued by the Respondent No. 2, category-wise cut off marks of Recruiting Division i.e., Kalaburgi Postal Division in respect of competitive examination for 18 OA.No.170/00356/2022/CAT/BANGALORE appointment to the post of postman from GDS for the vacancy year 2022 held on 04-09-2023 is as under:
Paper UR OBC SC ST EWS
Paper-I & II 62 56 N/A 56 N/A
Paper-III 20 18.5 16.5 16.5 18.5
(Qualifying)
Paper-IV 15 15 12.5 12.5 15
(Qualifying)
16. Undisputedly, the applicant has scored the qualifying marks in the competitive examination held on 04.09.2022 pursuant to the direction issued by this Tribunal to the respondents to permit the applicant to appear for the examination vide interim order dated 02.09.2022. Though the respondents have candidly admitted that the applicant has come under the zone of consideration against UR and one UR vacancy has been kept in sealed cover (as stated in the Note dated 22.12.2023), but still denying the eligibility of the applicant for the following reasons:
1) The applicant was already in MTS cadre as on the crucial date i.e. 01.01.2022.
2) The applicant has not completed three years of regular service in MTS cadre.19
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17. The reason that the applicant cannot be considered as GDS as on 01.01.2022 is wholly unjustifiable as discussed in the preceding paragraphs. Hence, the applicant has to be considered as an eligible GDS candidate to appear for the LDCE held on 04.09.2022. Further, the applicant certainly comes under the zone of consideration in view of the qualifying marks scored as per the sealed cover result. Hence, his candidature requires to be considered for recruitment to the post of Postman/Mail Guard in pursuant to the Notification dated 15.07.2022.
18. For the reasons aforesaid, we pass the following:
:ORDER:
1) The impugned letter dated 19.08.2022/22.08.2022 issued by the Respondent No. 4 at Annexure-A11 is set aside.
2) The respondents are directed to consider the applicant's candidature for appointment as Postman/Mail Guard, in view of the qualifying marks obtained by him in the LDCE held on 04.09.2022, pursuant to the recruitment notification dated 15.07.2022.20
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3) Compliance shall be made in an expedite manner, in any event, not later than 8 weeks from the date of receipt of the certified copy of the order.
4) OA stands disposed of accordingly. No order as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/ksk/