Promotion quotas for SC candidates cannot be altered upon transfer to outsider quotas, as per roster rules.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“(i) To issue a suitable order or direction to call for record and set-aside the impugned orders dated 08.10.2010 and 21.07.2014 (Annexure no.1 & 2).

(ii) To issue a suitable order or direction to the respondents to provide the promotion on the post of Post Man as per reserved Scheduled Caste vacancy with all consequential benefits.

(iii) To pass such other and further order as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(iv) To award cost of the petition in favour of the applicants.”

2. The brief facts of this case are that the applicant was initially appointed on the post of G.D.S.P.M. B.O. Barkhera on 17.09.1993 on regular basis. As per Government order of Postal Department E.D. Employees who have completed 5 years service were eligible to sit in the departmental examination (outsider) for promotion to the post of postman. After completing five years of service, the applicant filled up the form pursuant to the aforesaid Government order/notification to appear in the departmental examination for promotion to the post of postman for vacancy of 2009 as a Scheduled caste candidate. Through RTI, the applicant came to know that he secured 111 marks and that there were 3 vacancies of departmental quota, 2 for O.C. and 1 for S.C. The applicant has contended that no departmental candidate qualified the examination and the vacancy of 1 SC has been wrongly diverted to O.B.C.. The applicant demanded roster promotion to the post of postman for the year 2005, 2006, 2007, 2008 and 2009 to find out SC vacancy. The applicant made representation to the Post Master General contending that the vacancy of SC has been wrongly diverted to OBC. The applicant had also filed O.A./827/2011 Rajesh Kumar and ors vs. UOI & ors challenging the order dated 02.08.2010 which has also been impugned in the present O.A. and appointment of one Shri Chandra Pal, an OBC candidate, was also challenged. The O.A. was disposed of with a direction to decide the pending representation of the applicant. The respondents decided the representation of the applicant and rejected the same vide the impugned order dated 21.07.2014.

3. We have heard learned counsel for the parties.

4. Submission of learned counsel for the applicant is that the applicant qualified the departmental examination as an outsider candidate and obtained 111 marks out of 150 marks. He belongs to SC category and has also submitted his caste certificate claiming reservation in promotion to the post of postman. There is a clear instruction that the promotion quota which cannot be filled due to non availability of eligible persons belonging to SC and ST category in the feeder cadre may be temporarily diverted to the direct quota filled by recruitment of candidates belonging to SC or ST as the case may be. The respondents have changed the SC post into OBC by order dated 02.08.2010 which is totally against the rule. It is an admitted position by the respondent department that quota vacancy is 2 for OC and 1 for SC totalling to 3. In the said examination there was no departmental candidate who passed. Hence, the unfilled vacancy of the departmental quota was transferred to the outsider quota by changing the community wise break up, the respondents changed the SC vacancy into OBC category which is against the rule. The applicant was entitled to be considered in the vacancy of SC category of departmental quota when it was transferred to the outside quota because the applicant is a candidate of SC category in outsider quota. There was also no shortfall of OBC vacancy in the roster of the years 2005, 2006, 2007, 2008 and 2009. There were 2 SC Vacancies in the year 2009 and one of outsider quota and one of departmental quota which was transferred to outsiders quota. The appointment of Shri Chandra Pal,