Madan Kumar vs Union Of India, Through The D.G. Cum Secretary & Ors.

Ajay Pratap Singh, Member [J]

Heard learned counsel appearing for parties through Physical Mode.

By way of present OA applicant seeks direction to respondents to consider the claim of applicant for promotion to the post of MTS under SC quota on vacant post as per post notified vide notification dated 15.07.2022 (Annexure-A/1). So also seeking direction to consider his case for promotion by declaring the result of vacancies related to SC quota as same has been approved by the Directorate.

Briefly stated facts as adumbrated by applicant in OA is that presently applicant is working as GDSMC Belawaris BO a/w Goah SO in Aurangabad Postal Division and belongs to SC category. The Chief Postmaster General, Bihar Circle, Patna issued notification dated 15.07.2022 (Annexure-A/1) relating to LDCE for promotion to the post of GDS to Postman/Mail Guard/MTS for vacancy year 2022. Applicant has successfully qualified LDCE and placed at Sl. No. 37 in Aurangabad Postal Division. Result also been filed as Annexure-A/2.

Case of the applicant is that there is SC quota vacancy at Aurangabad Postal Division and one post is still vacant for SC quota but respondents have not considered the case for consideration. Applicant has fundamental rights for consideration for promotion as he has already qualified in LDCE and SC quota vacancy already available. The consideration for promotion is not a formality it has to be completed in accordance with rules and applicant belongs to SC category and one post is already vacant and respondents are sitting tight over the representation dated 27.06.2023 (Annexure-A/3).

Learned counsel for applicant after arguing for some time submits that applicant has already qualified in LDCE for the post of MTS and SC quota vacancy is already exist in Aurangabad Postal Division. He further submits that applicant will be satisfied if direction is issued to respondent no.2 to consider and decide pending representation dated 27.06.2023 (Annexure-A/3) in accordance with rule.

Learned counsel for respondents, Shri Rabindra Rai fairly submits that appropriate order shall be passed on pending representation dated 27.06.2023 (Annexure-A/3) of the applicant in accordance with law.

Heard.

In view of above submissions, without entering into merits of the case, this Tribunal deems it fit and proper and principle of natural justice will be met, here directs Respondent No.2 to consider and decide pending representation dated 27.06.2023 (Annexure-A/3) of applicant by passing a reasoned and speaking order within a period of 90 days from the date of receipt/production of copy of order passed today and order shall be communicated to the applicant at the earliest.

Present OA stands disposed of with above directions.

No order as to costs.