UNION OF INDIA Vs. K RAJASEKHARAN NAIR

JUDGEMENT

(1.) These original petitions are filed by the Union of India. The matter comes from Postal Department. The respondent in OP (CAT).1442/11, K.Rajasekharan Nair and the respondent in OP (CAT). 1736/11, K.R.Sreedevi were the applicants before the Tribunal. They had obtained orders under which they appeared for departmental examinations for promotion to the post of Postal Assistant/Sorting Assistant.

(2.) The fundamental issue in dispute between the parties is as to whether the employees concerned were entitled to repeatedly sit for such examination without any pegging on the total number of examinations which they could take. The Tribunal, quoting its own earlier orders as affirmed by the Division Bench of this Court in exercise of authority under Articles 226/227 of the Constitution of India, held that the applicants cannot be tied down to any particular number of chances on the basis of subsequent clarificatory directions or circulars issued by the establishment. We may note that the Tribunal specifically noticed that its decision in this regard in O.A.975/97 stood upheld by this Court in O.P.26159/99 and the common judgment in O.A.Nos. 1000/01, 1006/01 and 354/03 was rendered following the aforesaid decision. That common judgment was affirmed by this Court in W.P (C). 674/06 and O.P.36259/99. However, it happened that O.A.274/04 was decided by the Tribunal holding that the amended Recruitment Rules contain the specific provision that the recruitment shall be governed by the administrative instructions and therefore, the principles contained in the aforesaid decisions may not thereafter apply. That view was upturned by this Court in W.P (C). 10600/06 by judgment dated 5.3.2009. Thereafter, the Tribunal allowed O.A.259/07 filed by K.Kunjumol. This Court had affirmed that decision of the Tribunal by judgment dated 11.1.2010 in W.P (C). 739/10.

(3.) The fact of the matter remains that from W.P (C). 739/10, the establishment carried a special leave petition to the Apex Court and pending that, the establishment brought to the notice of the Apex Court that they had, thereafter, come out with a circular which provides enhancement from the total number of chances for the examination from 6 to 8. Noticing that Kunjumol appears to have submitted before the Apex court that she would be satisfied without getting the benefit of that circular, the establishment got their special leave petition dismissed as not pressed.