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Judgment
Per: Hon'ble Justice Sunil Thomas, Judicial Member
The applicant has approached this Tribunal seeking interalia relief to direct the respondents to permit the applicant to continue as GDS MD-I, Neriamangalam B.O. Pleadings are complete and the matter was posted for hearing. In the meantime, the respondents filed M.A 872/2021 to close the Original Application on the premise that the applicant had continued to work in the post of GDS MD-I Neriamangalam BO till 20.5.2018 and was, thereafter, continuing, pursuant to the interim order granted by this Tribunal. Later, the newly appointed candidate had joined but resigned from the post on 15.6.2020. It appears that the post was managed by stop gap arrangement from 15.6.2020. It is submitted that the post was vacant from 15.6.2020 onwards and the same is to be notified for online recruitment (III Cycle) for regular selection.
When the matter was taken up, learned counsel for the applicant, on instructions has submitted that the applicant is interested in continuing to do the job, if given an opportunity to do so.
The learned SPC for the respondents submits that if a proper representation is submitted, it will be considered in an appropriate manner in accordance with the rules and regulations on the subject.
Having heard both sides, we are inclined to allow the M.A to close the Original Application with a direction to the applicant to submit a fresh representation within three weeks from today. Thereupon, the respondents shall consider the claim of the applicant sympathetically in accordance with rules, reserving the right of the applicant to challenge the order, if any, passed by the respondents, if he is not satisfied with the order if so passed.
In view of the above order, M.A 435/2018 has become infructuous and it is closed.
The O.A is accordingly closed. No order is made as to costs.
List of Annexures
Annexure A1- True copy of the DG, P&T letter No. 43-44/77-Pen dated 18.05.1979.
Annexure A2- True copy of the charge report dated 21.02.2014.
Annexure A3- True copy of the notification No. Rectt/50-1/Dlg/2016-17 published by the Kerala Circle.
Annexure A4- True copy of the representation dated 05.06.2017 to the 1st and 2nd respondents.
Annexure A5- True copy of the order in O.A No. 673/2010 of the Tribunal.
Annexure A6- True copy of the order in O.A No. 170/2009 of the Tribunal.
Annexure A7- True copy of the order dated 14.08.2013 in O.A No. 260/2013 of the Tribunal.
Annexure A8- True copy of the order dated 03.07.2013 in O.A No. 1019/2012 of the Tribunal.
Annexure A9- True copy of order dated 04.12.2012 in O.A No. 592/2012 of the Hon'ble Tribunal
Annexure A10- True copy of order No. A/GDS/Recruitment/18 dated 9.5.2017 issued by the office of the Inspector of Posts Perumbavoor Sub Division, Perumbavoor (relevant portion).
Annexure R1(a) to R1(I)- True copies of charge reports dated 31.05.14, 26.08.14, 10.11.14, 14.08.15, 18.08.15, 16.08.16, 18.08.16, 25.10.16, 27.10.16, 04.01.17, 01.03.17 & 14.03.17.
Annexure R2(a) - A true copy of extract of Directorate letter No. 17-103/2002-GDS dated 27.06.2003
Annexure R2(b) - A true copy of extract of Directorate letter No. 295-4/53 dated 08.08.1953.
Annexure R2(c) - A true copy of extract of Directorate letter No. 43-24/64-Pen dated 12.04.1965.
Annexure R2(d) - A true copy of extract of Directorate letter No. 27-3/77(pt) dated 19.08.1978.
Annexure R2(e) - A true copy of extract of Directorate letter No. 43-4/77-Pen dated 23.02.1979.
Annexure R2(f) - A true copy of extract of Directorate letter No. 17-128/88-EDC and Trg dated 06.04.1989.
Annexure R3 - A true copy of guidelines for regulating substitute/provisional arrangements in place of regular Gramin Dak Sevaks prescribed in GDS (Conduct & Engagement) Rules, 2011.
Annexure R4 - A true copy of common order dated 14.08.2015 in O.A 11/2013 & O.A 138/2013.
Annexure R5 - A true copy of order dated 07.08.2015 in O.A 66/2013.
Annexure R6 - A true copy of common order dated 12.04.2018 of the Hon'ble Tribunal in O.A No. 941/2010 & connected cases.