Ashutosh Kumar vs Union Of India & Others

S.K. Sinha, Member [A]

Agggrieved with final result of LDDCE for promotion from GDS cadrre for recruitment to the posst of Postman advertised on 13.04.2022 (Annexure-A/1), the applicant has preferred this OA prayying to quash the letter dated 13.04.2022 and to direct the resppondents to declare the final result of applicant.

The applicant, employed as GDS against the post of ABPM at Rat wara Bindwara Branch Post Offfice in account with Aurai Sub Postt Office under Muzaffarpur Postal Division, Muzaffarpur participated in LDCE advertised byy notification dated 30.11.2021. He was issued provisional Admit Card to appear in the LDCE held on 09.01.2022 and the DEST on 09.04.2022. Final result declared on 13.04.2022 shows three candidaates provisionally recommended for Muzaffarpur Division but withoout giving any names. Since the appllicant was allowed to parrticipate in the examination provvisionally, he is expecting that provisionally recommended vacaancies for Muzaffarpur Postal Division is for him. Applicant has submitted a representation to Seenior Superintendent of Posts on 03.06.2022 for declaring his result and treating him as regular canddidate and not as provisional canndidate.

Heaard.

L/c for applicant, Shri J.K. Karn reiterates the pleadings in the OA and presses for the OA. He submits that the respondents should deciide his representation and clarify why he was not being treated as regular candidate. He submits thaat applicant would be satisfied if resppondents are directed to disposee of his representation within a timee framed stipulated by the Tribuunal. He also submits that there was no departmental proceeding or criminal case pending againstt the applicant.

Learned counsel for respondents submits that a CBI inquiry was initiiated against the applicant in year 2016 which is still not finalized and because of this applicant is being treated as provvisional candidate. L/c also contradicted the applicant’s averrment that he has been finally selected in the LDCE. The finall resuult does not include applicantt’s name. L/c for respondents sub mits that he has no objection if respondents are directed to disppose of the representation of the applicant dated 03.06.2022 (Annexure-A/8).

Connsidered the submissions. Whilee the applicant was allowed to participate in the LDCE as provisional candidate and three seats have been kept reserved for provissional candidates it is not clear wheether any of these reserved seats is for the applicant. The list of selected candidates does not show the name of applicant, and it is also not clear for whom the three seats under Muzaffarpur have beenn kept as provisionally recommended. It is felt that in the interest of justice, the O.A. may be disposed of with direction to the resppondents to decide the reprresentation of the applicant. Acccordingly, the respondents are directed to decide the reprresentation of the applicant dated 03.06.2022 (Annexure-A/8 of this OA) within two months from reeceipt of copy of this order. The OA is disposed of accordingly. No cost.