Ashutosh Kumar vs The Union Of India & Ors.

Aggrieved with final result of LDCE for promotion from GDS cadre for recruitment to the post of Postman advertised on 13.04.2022 (Annexure-A/1), the applicant has preferred this OA praying to quash the letter dated 13.04.2022 and to direct the respondents to declare the final result of applicant.

The applicant, employed as GDS against the post of ABPM at Ratwara Bindwara Branch Post Office in account with Aurai Sub Post Office under Muzaffarpur Postal Division, Muzaffarpur participated in LDCE advertised by 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 candidates provisionally recommended for Muzaffarpur Division but without giving any names. Since the applicant was allowed to participate in the examination provisionally, he is expecting that provisionally recommended vacancies for Muzaffarpur Postal Division is for him. Applicant has submitted a representation to Senior Superintendent of Posts on 03.06.2022 for declaring his result and treating him as regular candidate and not as provisional candidate.

Heard.

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 decide his representation and clarify why he was not being treated as regular candidate. He submits that applicant would be satisfied if respondents are directed to dispose of his representation within a time framed stipulated by the Tribunal. He also submits that there was no departmental proceeding or criminal case pending against the applicant.

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

Considered the submissions. While the applicant was allowed to participate in the LDCE as provisional candidate and three seats have been kept reserved for provisional candidates it is not clear whether 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 been kept as provisionally recommended. It is felt that in the interest of justice, the O.A. may be disposed of with direction to the respondents to decide the representation of the applicant. Accordingly, the respondents are directed to decide the representation of the applicant dated 03.06.2022 (Annexure-A/8 of this OA) within two months from receipt of copy of this order. The OA is disposed of accordingly. No cost.