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Showing contexts for: Subsequent selection process in Sayan Samanta vs Posts on 15 May, 2023Matching Fragments
Heard Id. counsel for the applicants.
2. The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-
"A) An order do issue directing the respondent authorities more particularly the Chief Post Master General, West Bengal Circle, Kolkata to declare the applicants are seniors to those selectees of the subsequent selection process notification dated 15.06.2018.
B) An order do issue directing the respondents authorities more particularly the Assistant Director of Postal Services, office of the Chief Postmaster General, West Bengal Circle, Kolkata to allow the applicants tc participate at the Limited Departmental Competitive Examination (LDCE) initiated vide notification dated 23.01.2023.
4.4 Ld. counsel for the applicant by relying upon the DOPT instructions and guidelines on seniority of direct recruits and promotees 'issued vide various OMs including OM dated 04.11.1992 and 30.06.2000 (Annexure A-16) submits that the relative seniority of all direct recruits is determined by the order of merit as stated in para 2.1. and 2.1.1 of the said instructions.
gil 7 0a.323.23 Therefore, the applicants are required to be treated as senior to the appointees of 2018-19.
5. Ld. counsel for the applicant submits that it is settled position of law that selectees of the earlier selection process are senior to the selectees of the subsequent selection process. The applicants were selected pursuant to notification issued in the year 2015 and they became senior to the selectees of the subsequent process held in the 2018. In this regard he place reliance on the judgement passed by the Hon'ble Apex Court in the case of Dalila Sojah vs State of Kerala and Others (1998) 9 SCC 647.
7.2. At this stage, it is apt to mention that the respondents had published another employment notice on 15.06.2018 for filling up 239 posts of Postman/Mail Guard and applications were invited from eligible candidates from the open market. On completion of the selection process with respect to the said employment notice, the successful candidates were appointed in the year 2019.
7.3. Undisputedly. prior to finalization of selection process of employment notice of 2015, the selection process with respect to employment notice issued on 15.6.2018 was finalized in the year 2019 and accordingly successful candidates were appointed in the year 2019 whereas the applicants herein who participated in selection process of Employment Notice 2015, the said selection process came to be finalized in the year 2021 and accordingly the applicants were appointed to the substantial post of Postman in the year 2021. In other words, the applicants who got appointed in the subsequent selection process were substantially appointed in the grade only in the year 2021. Therefore, undisputedly they do not possess the three years requisite experience to become eligible for promotional post of Postal Assistants in terms of Department of Posts (Postal Assistant & Sorting Assistant) Yeo 9 0a.323.23 Recruitment Rules 2022, notified vide GSR 459(E) dated 17.06.2022 as amended on 13.01.2023.
7.4. As per the eligibility criteria prescribed in LDCE notice dated 23.01.2023 (Annexure-A/15) for promotion to the post of Postal Assistant, the clause 3 of the Said eligibility criteria stipulates that for category (A) the Officials holding post in Level 3 of the Pay Matrix with three years of regular service in such post or five years of combined regular service in posts in Level 1, Level 2 and Level 3 of Pay Matrix are eligible for the said LDCE.
8. It is the grievance of the applicants that they are selectees of an earlier employment notice pertaining to the year 2015, but for no fault on their part they were appointed only in the year 2021. They are aggrieved that the selectees of subsequent selection process i.e, of the year 2018, who were appointed prior to them had gathered more than three years of experience as Postman and have become eligible to participate in the LDCE whereas they being appointed in the selection process for the year 2015, they ought to have been allowed to participate in the LDCE for promotional post of Postal Assistants by treating them senior to the appointees of the year 2019.