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2024 Supreme(Online)(CAT) 16090
CENTRAL ADMINISTRATIVE TRIBUNAL
Lata Baswaraj Patne, Judicial Member, Shalini Misra, Administrative Member
A. Thirupathi Nayak – Appellant
Versus
Union of India – Respondent
OA/021/17/2023|OA/021/13/2023|OA/021/15/2023|OA/021/16/2023|OA/021/18/2023
For the Appellants/Petitioners: B. Gurudas
For the Respondents: B. Siva Sankar, A. Nageswara Rao, M. Mohan Rao, K. Ravi Krishna Kanth, A. Vijaya Bhaskar Babu
Transferred GDS eligible for LDCE vacancies in current division per crucial date and Ministry clarifications, overriding prior division rule.
Headnote:The applicants, working as Gramin Dak Sevaks (GDS), challenged denial of selection to Postman/Mail Guard cadre despite qualifying Limited Departmental Competitive Examination (LDCE) and Data Entry Skill Test, citing Director General DOP Letter No. W-02/4/2020-SPN-I-Part(I) dated 25.11.2022 and violation of Art.14 and Art.21. Essential facts involved notification in July 2022 for 10 vacancies, applicants' participation and merit, yet non-selection due to prior division transfers. Court found respondents' refusal arbitrary. Issues framed as eligibility for GDS transferred to current division on crucial date 01.01.2022 and consideration per Ministry clarifications. Ratio: Notification allowed participation; Ministry letter dated 25.11.2022 clarified transferred GDS from other Circles considered in current Telangana divisions if eligible; Circular dated 03.02.2021 specified candidature per crucial date of recruitment year. Respondents' stand rejecting applicants for not serving 5 years in Hyderabad Sorting Division unsustainable. Respondents directed to consider applicants' candidature for Postman/Mail Guard posts against unfilled vacancies within four weeks. OAs allowed.
| Table of Content |
|---|
| 1. common issues in consolidated oas. (Para 1 , 2 , 3) |
| 2. gds applicants qualified ldce but denied selection. (Para 4 , 5 , 7) |
| 3. applicants eligible in current division at notification. (Para 6 , 10) |
| 4. respondents cite 5-year service in prior divisions. (Para 8 , 11) |
| 5. direct selection against vacancies ordered. (Para 9 , 15) |
| 6. ministry clarifications mandate current division consideration. (Para 12 , 13 , 14) |
ORDER (ORAL)
(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)
The applicants in these OAs sought similar relief. Since the issue involved in all these OAs are common in nature, all these OAs have been taken together for hearing and a common order is being passed.
2. OA/17/2023 is taken up a lead case as requested by learned counsel for the applicants and the pleadings made in the said OA are being referred to in this order.
3. In OA/17/2023, the applicants sought the following relief:
“…….to call for the records pertaining to the denial of selection and promotion to the Applicants to the cadre of Post Man ignoring their merit in the Limited Departmental Competitive Examination and Data Entry Skill Test and also Director General DOP Letter No. W-02/4/2020-SPN-I-Part(I) dated 25.11.2022 addressed to R2 (Annexure-(X) and declare the same as illegal, arbitrary and against the rules and principles of natural justice and in violation of the Article -14 and 21 of the Constitution of India, with consequential direction to the respondents to select the applicants and promote them against the existing vacancies of Mail Guards in the parent division i.e., Hyderabad Sorting Division, with all services benefits and pass such other order orders as deemed fit and proper in the facts and circumstances of the case in the interest of Justice.”
4. The brief facts of the case are that the applicants are working as GDS. In July 2022, the 2nd respondent issued notification calling applications from the willing GDS for LDC Exam for recruitment to the cadre of Postman /Mail Guard and MTS from GDS for the vacancies of the year 2022. The vacancies finally notified for the year 2022 are UR-2 SC-4 ST-1,OBC-2, EWS-1,Total-10. In response to the said notification, the applicants made their applications and they were permitted to appear for Exam, held on 04.09.2022 and they did well in the exam and they were expecting selection as Postman. However, their names were not found in the selection list vide Memo dated 20.12.2022. It is further stated by the applicants that, out of 10 vacancies, only one candidate was selected and 9 vacancies are still available. Therefore, the applicants are aggrieved by the action of the respondents in denying the selection to them for promotion to the cades of Mail Guard, ignoring their merit in the Limited Departmental Competitive Examination held on 04.09.2022 and Data Entry Skill Test held on 04.12.2022 in spite of the availability of the vacancies in the division.
5. It is further submitted by the applicants that the Director General, DOP Letter No. W-02/4/2020- SPN-1-Part(1) dated 25.11.2022 addressed to R2 showing discrimination in selections in respect of the candidates, who came on transfer from other Circles and other Divisions in the same Circle and the said communication is also being challenged.
6. It is further contended by the learned counsel for the applicants that all the applicants have appeared for the written the examination held on 04.09.2022 for the vacancies of Hyderabad Sorting Division and qualified for the DEST, and while they were expecting selection to the cadre of Post Man, unfortunately, their names were not found in the selection list and no reasons were furnished for their non selection. It is further contended by the learned counsel for the applicants that the respondents denied selection to the applicants on the plea that they have come from other Divisions on transfer, which is not correct. Applicants were in the Hyderabad Sorting Division, and part and parcel of the establ
