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Rajender Singh & Others vs Secretary & Others

Central Administrative Tribunal · Decided on 4 September 2020 · Citation: (2020) 09 CAT CK 0020

HON’BLE JUDGES
L. Narasimha Reddy, J · Mohd. Jamshed, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 976 Of 2020, Miscellaneous Application No. 1209, 1210 Of 2020
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Judgment

10 paragraphs · 408 words

L. Narasimha Reddy, J

1.

The applicants were appointed as Gramin Dak Sewak Branch Post Master (GDSBPM) and other category of posts, in the Department of Posts, Ghaziabad Division. The Limited Department Competitive Examination (LDCE) for promotion to the post of MTS/Departmental Postman was conducted from time to time and the applicants participated therein. Their grievance is that though they cleared the examination, the respondents are not issuing orders of promotion under LDCE category.

2.

The O.A. was listed on 25.08.2020 and time was granted to the respondents to file counter affidavit. The counter affidavit has since been filed by the respondents. It is stated that the legality of appointment of the applicants under GDS category was under scrutiny and they were directed to take part in the LDCE, pending such verification. It is stated that in respect of the applicants 1, 3, 4,7, 9,10, 15, 17, 18, 20,22,24 and 25, the verification was completed and the orders of promotion would be issued. As regards the other applicants, the verification is said to be under process.

3.

We heard Mr. Girish Kumar, learned counsel for applicants and Mr. S N Verma, learned counsel for respondents, through video conferencing.

4.

The applicants worked under GDS category at various places. They were also permitted to take part in the LDCE. Further, processing of the case of the applicants was delayed on account of the fact that the respondents wanted to verify the correctness and legality of the very appointment of the applicants under GDS category. In all fairness to the applicants, the respondents have stated that in respect of 13 of them, the verification is completed and they are found to be in order. As regards the remaining persons, the verification is said to be under process. We cannot find fault with the respondents for undertaking such verification. At the same time, the process needs to be completed at the earliest.

5.

We, therefore, dispose of the OA directing that:

a) the orders of promotion/appointment shall be issued to such of the applicants whose verification for appointment under GDS category, is complete and positive within a period of (4) weeks subject to verification of other requirements.

b) in respect of the remaining applicants, the process of verification as to the genuineness of their appointment under GDS category shall be completed within eight weeks' from today.

6.

The M.As. shall stand disposed of.

There shall be no order as to costs.