Central Administrative Tribunal Principal Bench, New Delhi Order reserved on: 25.08.2025 Order pronounced on: 10.09.2025 Hon’ble Dr. Chhabilendra Roul, Member (A) Hon’ble Mr. Ajay Pratap Singh, Member (J)

Vijay Khatri (Aged about 26 years)

(Presently working as LDC with R-2)

Son of Sh. Jadbir Khatri House No.119, Village-Bankner, Narela, Delhi-110040.

....Applicant (By Advocate: Mr. Rishabh Kumar for Mr. Avadh Bihari Kaushik)

Versus

1. Union of India Through the Secretary, Ministry of Communication & Information Technology Electronics Niketan, 6, CGO Complex, Opposite-CBI Building, Lodhi road, New Delhi-110003.

2. The General Manager (Finance), Postal Accounts Office Department of Posts, Govt. of India, Civil Lines, Delhi-110054.

... Respondents (By Advocate: Dr. C.S.Khan)

ORDER By Chhabilendra Roul, Member (A)

By way of the present OA, the applicant seeks direction of this Tribunal to the respondents to ward him 10 marks for in respect of Question No. 2(ii) of Group B of Paper-III for the Departmental examination held in 2016 for promotion from LDC to Junior Accountant Postal Accounts Office and declare him promoted to said post.

2. Factual Matrix

2.1 The brief facts of the case are that the respondents issued a notice dated 10.03.2016 for conducting a departmental examination for the eligible LDCs to be promoted as Junior Accountants in the Postal Accounts Office of the respondents. The examination was held on 2 days i.e. 18th & 19th June, 2016. The applicant appeared for the said examination. He claims that question No .2 (ii) of Paper-III was out of the syllabus. The result of the said examination was declared on 02.09.2016. The applicant did not find his name in the successfully selected list. He submitted a representation dated 11.01.2017 to the effect that question No. 2 (ii) of Paper-III was out of the syllabus and he should have been awarded 50 marks instead of the 35 marks that he was awarded as the question was out of syllabus and hence he could not attempt the question paper properly.

2.2 The present case has been filed seeking the following reliefs:

"(i) The Hon'ble Tribunal may graciously be pleased to pass an order and directions thereby directing the respondents to award benefit of 10 marks to the applicant in respect of question No. 2 (ii) of Group-B of Paper-IlI for the departmental promotional examination conducted by respondent No. 2 for promotion of LDC to Junior Accountant which was admittedly framed from out of syllabus/a book which was not prescribed;

(ii) The Hon'ble Tribunal may graciously be pleased to pass an order and directions thereby directing the respondents to declare the applicant as qualified' for the promotion from Lower Division Clerk to Junior Accountant in Postal Accounts Office 2016 (PAO) and declare him as 'Promoted' to the post of Junior Accountant from the date his batch mates have been promoted and place him at his own seniority as per his merits;

iii) Any other relief, order or directions which this Hon'ble Tribunal considers just and fit may also be passed in the interest of justice."

2.3 As per learned counsel for the respondents 12 candidates were appeared in the examination, out of which 9 were successful and the remaining 3 including the applicant are unsuccessful.

2.4 The applicant has made a representation on 11.01.2017 to the respondents with the following submissions: "1. Despite my answer to Question 2 (A) of Group (A) being correct as per the answer key, I have been awarded 5 marks whereas I should have been awarded 10 marks.

2. Despite my answer to Question 3 (B) of Group (A) being correct as per the answer key, I have been awarded 8 marks whereas I should have been awarded 15 marks.

3. Despite my answer to Question 2 (i) of Group (B) being correct as per the answer key, I have been awarded 3 marks whereas I should have been awarded 10 marks.

4. As per answer key, Question No. 2 (ii) of Group (B) is from PAM VOL-I whereas this book was not permitted in Paper-III. Therefore, I should be ben