RAMPHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicant is working as Gramin Dak Sevak (GDS) Mail Deliverer (MD) at Shalimar Bagh Post Office of Delhi Postal Circle. He appeared in the Limited Departmental Competitive Examination (LDCE) for appointment on the post of Postman/Village Postman in Delhi Circle held on 27.08.2006. According to Recruitment Rules (RRs), 50% of the vacancies are to be filled up by way of LDCE from among GDSs. The applicant belongs to unreserved category and there were two vacancies meant for such category in the unit for which he applied. According to his merit, he could not be selected for any of the two vacancies. As per departmental instructions, his name was to be circulated for consideration in other units of the Postal Circle where suitable candidates were not available.

(2.) It is the grievance of the applicant that although his name was sent for circulation, yet it was not recommended on the ground that there was sanction for prosecution of a criminal case which was filed against him. He has come to know subsequently by obtaining information under Right to Information Act that candidates who had secured less mark than him have been appointed in other units of the Circle, but his case was ignored. He was discharged on 03.02.2010 from the criminal case filed under FIR No. 169/2004 u/s 419/420/468/471/120 -B IPC. Thereafter, he made a representation dated 16.06.2010 to the Sr. Supdt. of Post Offices, Delhi North Division, Delhi -54 stating that in view of the order of Criminal Court discharging him, his withheld result should be declared. When there was no response, he filed one more representation on 21.10.2010 to the Chief Post Master General (CPMG) who is the Head of the Department of Delhi Circle. Even this representation has not been disposed of; hence the present O.A.

(3.) The prayer of the applicant is to call for the records of the examination held on 27.08.2006 and to direct the respondents to appoint him as Postman in Delhi Circle w.e.f. the date candidates less meritorious than him have been appointed and pay all consequential benefits.