Central Administrative Tribunal - Delhi
Ravi Kumar vs D/O Post on 25 July, 2018
1 OA 2871/2015
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA 2871/2015
MA 1358/2016
Reserved on 10.07.2018
Pronounced on 25.07.2018
Hon'ble Mr. K.N.Shrivastava, Member (A)
Hon'ble Mr. S.N. Terdal, Member (J)
1. Ravi Kumar
S/o Sh.Rajinder Prasad,
Aged about 21 years,
Group 'D'
Department: Post Office
Designation: GDSMD
Nature of grievance: Termination of Appointment
R/o VPO Gokul,
Tehsil and Thana Mahalan,
District Mathura, UP.
2. Sonu Singh
S/o Sh.Raghnath Singh,
Aged about 22 years,
Group 'D'
Department: Post Office
Designation: GDSMD
Nature of grievance: Termination of Appointment
R/o VPO Jaint Thana
Jaint Kotwali, Vrindavan
District Mathura, UP.
3. Avinesh Kumar
S/o Sh. Munna Lal
Aged about 24 years,
Group 'D'
Department: Post Office
Designation: GDSMD
Nature of grievance: Termination of Appointment
R/o Village Nagh Brahman
Post Salempur Thana
Sehpan Tehsil, Sadaband
District Hathras.
4. Jagveer Singh
S/o Sh. Prabhu Dayal
Aged about 29 years,
Group 'D'
Department: Post Office
Designation: GDSMD
Nature of grievance: Termination of Appointment
R/o Village Govindpuri
District Mathura, UP.
2 OA 2871/2015
5. Deepak Kumar
S/o Sh.Rajender Prasad,
Aged about 22 years,
Group 'D'
Department: Post Office
Designation: GDSMD
Nature of grievance: Termination of Appointment
R/o Moh Teelepara Gokul
District Mathura, UP. ... Applicants
(By Advocate: Mrs. Rani Chhabra )
VERSUS
1. Government of India,
Ministry of Communications & IT
Department of Posts
Through: Postmaster General
Agra Region, Agra, UP.
2. Senior Superintendent of Post Offices,
Mathura Division, U.P.
3. Inspector, Post Offices, East,
Sub-Division, Mathura, U.P.
4. Assistant Superintendent of Post Offices,
Mathura (West)
Sub-Division. ... Respondents
(By Advocate: Mr. Duli Chand )
ORDER
Mr.S.N.Terdal, Member (J):
Heard Mrs. Rani Chhabra, counsel for applicants and Mr. Duli Chand, counsel for respondents, and perused the pleadings and all the documents produced by both the parties.
2. The short question involved in this case is whether Adeeb exam from Jamia Urdu, Aligarh is equivalent to High School examinaion for the purposes of recruitment.
3. The applicants were engaged as Gramin Dak Sewak (GDSMD) under various sub-division of the respondents on different date in 2013. Since the respective dates of their engagement, they have been working in the respective posts.
3 OA 2871/2015
4. On 22.04.2015 from the office of Post Master General, Agra Region, Agra, a communication was addressed to the Senior Superintendent of Post Offices (SSPOs), Mathura Division informing that the above said certificates of Adeeb are not valid for the appointment to the posts of GDSMD. On the basis of the same, the engagement of all the applicants were cancelled with immediate effect by the impugned order dated 28.04.2015.
5. The counsel for the respondents relied on the above stated letter of the Post Master General, Agra Region. The counsel for the applicants has relied on DOP&T OM bearing No.14021/2/78-Estt.(D) dated 28.06.1978, which clearly states that the Adeeb examination by Jamia, Urdu Aligarh is equivalent to knowledge of Urdu of High School/Matriculation standard. The counsel for the applicants has further relied on the judgment of the Hon'ble Supreme Court in the case of Syeed Ahmad Vs. Secretary, Ministry of Health & Family Welfare and others, reported in (1997) 11 SCC 529), wherein it has been held that another examination by name Adeeb-e-Mahir from Jamia Urdu, Aligarh held to be equivalent to Matriculation and in another judgment of Hon'ble Allahabad High Court in the case of State of UP Vs. Mohammad Ishtiaque Ansari (Special Appeal Defective No.268 of 2014) also it has been held that the various examination conducted by Jamia Urdu, Aligarh are equivalent to Matriculation or B.A examination.
6. In view of the above, the OA is allowed. The impugned orders dated 28.04.2015 passed in respect to the applicants canceling their 4 OA 2871/2015 engagements are set aside. The respondents are directed to re-engage the applicants from 28.04.2015 with all consequential benefits. No order as to costs.
(S.N.Terdal) (K.N.Shrivastava) Member (J) Member (A) 'sk'