Tribunals and CommissionsDivision Bench(2018) 08 CAT CK 0173

Gaurav Naagar And Ors vs Department Of Post

Central Administrative Tribunal · Decided on 1 August 2018

HON’BLE JUDGES
K.N. Shrivastava, Member (A) · S.N. Terdal, J
RESULT
Allowed
CASE NUMBER
Original Application No. 2883 Of 2018, Miscellaneous Application No. 3222 Of 2018

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Judgment

10 paragraphs · 381 words

K.N. Shrivastava, Member (A)

MA 3222/2018

1.

This MA for joining together is allowed.

OA 2883/2018

Heard.

2.

Issue notice. Shri R.K. Sharma, learned counsel, accepts notice on behalf of respondents.

3.

The applicants were selected to the posts of Postal Assistant through Combined Higher Secondary Level (CHSL) Examination 2016 conducted by Staff Selection Commission (SSC). The applicants faired very well in the said examination and by virtue of their merit positions became eligible for selection under the General category. Accordingly, the applicants were appointed and allocated to different States circle under the General category.

4.

The grievance of the applicants is that they have not been allocated circles according to their preferences. The details of preferences given by the applicants are at pages 8 to 10. Relying on the judgment of the Hon'ble Apex Court in the case of Union of India vs. Ramesh Ram and others, AIR 2010 SC 2691, it is contended that these applicants should have been considered under the categories to which they belong (details given in para 4.1) and by virtue of that they would have got allocated to circles of their higher preference.

5.

The applicants have submitted representations on the issue of circle allocations, to the respondent. These representations are at pages 50 to 57. Learned counsel for the applicants submitted that the applicants would be satisfied at this stage, if a time bound direction is given to the respondents to consider their pending representations.

6.

Having regards to the submissions made by learned counsel for the applicant and without going to the merits of the case, we dispose of this OA with a direction to the respondent to decide the pending representations of the applicants, copies of which are at pages 50 to 57 of this OA, within a period of three months by way of passing a reasoned and speaking order. The applicants are also given liberty to submit any additional representation, if they so wish, within a period of one week from today. Such additional representations are also directed to be disposed of within the same time frame. The applicants, however, shall have liberty to take recourse to legal remedy as available to them under law, in case they remain dissatisfied with the orders to be passed by the respondent.