Indian Kanoon - Search engine for Indian Law

4. Notice was issued and official respondents filed the written statement. They have not disputed the factual position that both applicant and respondent No.5 started their career as GDS and after promotion to the post of Postman appeared in LDCE for the post of Postal Assistant/Sorting Assistant and were declared qualified. It has been particularly been stated by official respondents that both applicant and respondent No.5 secured equal marks 65 and that respondent No.5 was allotted Patna Division as he was found senior then the applicant. That respondent No.5 joined cadre of postman on 04.10.2014 as per his application whereas applicant, as per his application joined cadre of postman on 11.03.2015.

6. Heard. Learned counsel Shri Jayant Kr. Karn, appearing for applicant submitted that applicant and respondent No.5 both secured equal marks and were on the same footing in the examination and therefore it was the seniority in the cadre of postman postman which has to be taken note of while deciding about the preference of allotting the Division Division.He He submits that in written statement respondents have taken the plea that applicant himself in his application for LDCE (Annexure

9. We have considered the submissions and have perused the records. It is not disputed that applicant and rrespondent espondent No.5 both // 6 // O.A./050/00189/2020 secured equal marks in LDCE for postal assistant assistant, held in 2019 and therefore it was the seniority/length in service in the cadre of postman which has to be taken note of while deciding about the preference of allotting the Division. Applicant licant has appeared in the examination for the post of Postman in Patna Division in year 2013, was declared successful but appointment was kept in abeyance in Patna Division and upon filing O.A. No. 287/2013 by the applicant, the Hon'ble Tribunal on 04.04.