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Judgment
16 paragraphs · 532 wordsAjay Pratap Singh, Member [J]
M.A.528/2024 has been filed by applicants for joining in the present OA as relief claimed is common for common cause of action.
Heard. MA for joining together of applicants in OA is allowed.
MA stands disposed of.
By way of present OA under Section 19 of Administrative Tribunal, Act 1985 the applicant has claimed following main relief (as extracted from the OA) reads as under:-
(i) Declaration of result and promotions orders by the respondents against 166 vacancies only, vide Letter No. R&E AD/CON/LGO Exam/2022/CH-1 Dated 05.11.2022 issued under the signature of Asstt. Director (Rectt.), Bihar Circle Patna, O/o the Chief Postmaster General, Bihar Circle, Patna as contained in Annexure-A/1, instead of approved 238 vacancies vide letter dated 09.09.2022, as contained in Annexure-A/3, may be declared erroneous.
(ii) The respondent authorities may be directed to declare result of 238 candidates, approved vide letter dated 09.09.2022, issued under the signature of Asstt. Director General (PE-I), Govt of India, Ministry of Communications, Department of Posts, New Delhi, as contained in Annexure A/3, allowing the applicants their opportunity to get promotions against the posts of Postal Assistant-Sorting Assistant for 2022 under Departmental Quota.
(iii) Any other relief / reliefs as the applicant is entitled and Your Lordships may deem fit and proper in the ends of justice.”
Briefly stated facts as stated by applicants that applicants are working as Postman in Patna Sahib Division. The CPMG issued notification dated 24.06.2022 regarding Limited Departmental Competitive Exam (LDCE) from eligible official for promotion to the post of P.A. (C.O./R.O.), P.A. (S.B.C.O. & I.C.O.), D.A. post office for the vacancy year 2022 held on 06.10.2022. The vacancy was approved by the Directorate vide notification dated 09.09.2022 for filling the total 238 post under departmental quota whereas result of only 166 candidates was published on 05.11.2022.
Applicants filed representations dated 12.06.2024 (Annexure-A/5 series) for consideration of his case for promotion to the post of Postal/Sorting Assistant as per notification which is pending before the respondent No.2.
Shri J.K. Karn, learned counsel for applicant after arguing for sometime submits that in OA No. 980 of 2022 vide order dated 31.07.2024 and OA No. 610 of 2024 vide order dated 31.07.2024 this Tribunal was pleased to direct respondents to decide representation. So also in this case applicant will be satisfied if similar direction is issued to decide pending representation (Annexure-A/5).
Shri Rana Randhir Singh, learned Addl. CGSC fairly submits that pending representation of applicant shall be decided in accordance with rules.
In view of above submissions, this Tribunal find it deem and proper that principle of natural justice will be met and respondent No.2 is hereby directed to consider and decide the pending representation dated 12.06.2024 (Annexure-A/5 series) in accordance with rule within a period of 90 days from the date of certified copy of this order passed today.
Needless to say that this Tribunal has not expressed any opinion on the merits of the case and authority is free to decide pending representation on own merits.
In view of above, present OA is disposed of with above direction.
No order as to costs.