SUPERINTENDENT OF POST OFFICE Vs. ASHOKBHAI MOTILAL PANDYA

JUDGEMENT

(1.) WE have heard Mr Y.V. Vaghela, learned counsel for the petitioners. This Special Civil Application has been filed challenging the legality and validity of the impugned order dated 15.12.2010 passed by the Central Administrative Tribunal, Ahmedabad Bench in O.A. No.286 of 2009 by which communications dated 11.11.2008 and 11.6.2008 by which the respondent was not considered for promotion in Group-D on the plea that he had not passed Standard VIII.

(2.) THE brief facts of the case are that respondent No.1 was appointed as G.D.S. Packer, Adipur on 26.2.1980. His educational qualification was upto Standard VII. A claim petition was filed by the respondent before the Central Administrative Tribunal (for short "the Tribunal"). It was claimed by the respondent to appoint him in Group-D cadre either on Test Category or Non-Test Category before attaining age of fifty years. THE admitted facts were that the respondent was appointed as EDA which is now termed as GDS w.e.f. 26.2.1980 vide communication dated 11.6.2008. Mr M.V. Trivedi, who was junior to him was promoted to Group 'D' cadre and allotted to SPM Anjar Unit. According to the appellant, the respondent had passed Standard VII which is not the educational qualification prescribed for promotion in Group "D" cadre, therefore, he was not promoted.

(3.) SUBJECT to the aforesaid observations, this petition fails and is accordingly dismissed.