CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH CIRCUIT SITTING AT VIJAYAWADA OA/20/261/2019 th Dated, this the 19 day of March, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mrs. Shalini Misra, Administrative Member P. Murali Krishna, S/o. P. Vasanth Rao, Aged 34 years, Occ: GDSMD, Itlavaram B.O., A/w. Kanagala S.O., Tenali Division.

....Applicant (By Advocate : Mr. B. Gurudas)

Vs.

1. Union of India rep by The Chief Post Master General, A.P. Circle, Vijayawada – 520 013. A.P.

2. The Post Master General, Vijayawada Region, Vijayawada – 520 003.

3. The Superintendent of Posts, Tenali Division, Tenali.

4. Sri Y. Venkateswara Rao, S/o. Y. Ankamma, GDS BPM, aged 38 years, Gavada B.O., a/wAmarthalur S.O.

.... Respondents (By Advocate: Mr. P. Krishna, Sr. PC for CG)

ORAL ORDER (As per Hon’bleDr. LataBaswarajPatne, Judicial Member)

By this Original Application, the applicant is praying for the following relief:

“………to call for the records pertaining to the Memo No.B.II/3/2015 dt. 2.4.2018 (Annex.VIII) and declare the same as illegal, arbitrary, contrary to the Rules and instructions prescribed, and the Articles 14, 16 and 21 of the Constitution, with a consequential direction to the respondents to select and appoint the Applicant as Postman against the unfilled vacancy, with all service benefits and pass such other order or orders as deemed fit and proper in the facts and circumstances of the case and in the interest of justice.”

2. The brief facts of the case, according to the applicant, are that the applicant, who is working as Gramina Dak Sevak, applied for the Limited Departmental Competitive Examination under 50% quota from GDS to Postman and appeared in the examination held on 1.11.2015. He was expecting selection but to his misfortune, he was not selected. One Sri Y. Venkateswara Rao, GDS BPM, a/w Gavada S.O., belonging to ST category – 4^th respondent herein, was selected against unreserved vacancy of Postman. However, on a complaint against him that he resorted to copying in the said examination, investigation was done and after confirming that he copied, his name was deleted from the Select List. As a result, the post of Postman in unreserved category was kept unfilled. The applicant further submitted that he secured 79 marks in the said examination and stood as next meritorious among the OC candidates. As such, he requested the respondent authorities through representations dated 25.10.2017 & 12.3.2018 to consider his case for promotion. However, the respondents rejected his request vide impugned letter dated 2.4.2018 stating that they will wait for the final outcome of the O.A. filed by Sri Y. Venkateswara Rao, GDS BPM, Govada B.O. Aggrieved over the same, the applicant approached this Tribunal, seeking the above relief.

3. After issuance of notice, the respondents filed a detailed reply and opposed the relief sought in the O.A. Respondents confirmed in the reply that the applicant, who belongs to OC category, secured 79 marks in the LDCE but he was not selected as he had not stood in merit. They further submitted that Shri Y.Venkateswara Rao i.e. Respondent No.4 herein, belonging to ST category, scored 85 marks in the said examination. However, the departmental inquiries conducted on receiving a complaint against the 4^th respondent revealed that he had copied answers from Shri I. Amrin Babu, GDS MD, Kavuru PO, who sat in his front during the departmental examination held on 1.11.2015 and thereby secured highest third rank, scoring 85 marks and got selection to Postman cadre against OC category vacancy. As such, the competent authority i.e. the 2^nd Respondent ordered vide letter dated 30.12.2015 to remove the name of the 4^th Respondent from the select list in Memo dated 19.11.2015 issued by the 3^rd Respondent and further directed the 3^rd Respondent to take suitable disciplinary action against the 4^th Respondent herein and the one who sat in front of him in the examination for his negligence and carelessness, as per ru