UNION OF INDIA Vs. RAJESH KUMAR M S

JUDGEMENT

(1.) Correctness and sustainability of Ext.P5 order passed by the Tribunal in the O.A. is under challenge at the instance of the respondents in the O.A. The issue pertains to appointment to the post of MTS [Multi Tasking Staff]. A vacancy of MTS was notified as per Annexure A1 notification dated 03.12.2012. Similarly, several posts of Postman/Mail Guard in the Department were notified on 22.11.2012, as per Annexure A2. In terms of Annexure A1, examination was conducted for the post of MTS on 27.01.2013 and the result was declared on 10.02.2013. In the case of Postman/Mail Guard, the relevant examination was held on 06.01.2013 and the result was declared on 11.01.2013.

(2.) A candidate by name Rejimol had submitted applications for both the above posts. By virtue of the proceedings of the Departmental authorities, inspite of the eligibility of Smt. Rejimol to get appointed to the post of Postman, she was appointed as MTS as per the proceedings dated 16.02013 and she joined duty on 16.02013 itself. However, the juniors to Rejimol were given appointment as Postman and they joined duty on 25.01.2013, which made the former to approach the Tribunal by filing the OA. 814 of 2013. The claim of Rejimol to get appointed to the post of Postman by virtue of her credentials was upheld by the Tribunal and the O.A. was allowed accordingly. In the said circumstance, as per Annexure A8 order dated 11.01.2016, Rejimol was given notional appointment as Postman w.e..f. 25.01.2013.

(3.) Pointing out the above mistake occurred at the hands of the Departmental authorities, resulting in denial of the vested right of the applicant to get appointment to the post of MTS, the applicant approached the Tribunal by filing the O.A. with the following prayers: