MUKESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

(2.) AVERMENT has been made in the O.A. that the applicant joined respondent department as GDS w.e.f. 12.2.2001 and was appointed as Postman w.e.f. 5.1.2008. In accordance with the Department of Posts (Postal Assistants/Sorting Assistants) Recruitment Rules, 2002, as revised from time to time, the respondent department initiated action to fill the posts of Postal Assistants and Sorting Assistants from departmental candidates in which the applicant and private respondents appeared on 16.10.2011 under SC category. The respondents issued letter dated 2.3.2012 declaring result of the applicant and the private respondents along with others of various Divisions like Ambala, Bhiwani, Faridabad, Hisar, Karnal, Rohtak, Sonipat etc. (Annexure A -3). The respondents issued memo dated 17.4.2012 in pursuance to examination of 16.10.2011 ordering promotion of private respondents, who secured less marks as compared to the applicant and they were posted in the Kurukshetra/Rohtak Divisions etc. leaving the applicant in the lurch. The applicant submitted representation dated 26.7.2012 in this regard and had been informed vide letter dated 31.8.2012 that the result of the SC candidates who appeared in the examination had been reviewed and hence the promotion of the private respondents had been made. There is no unfilled vacancy for SC category in Gurgaon Division as such the applicant was not due for review.

(3.) IN the written statement filed on behalf of the respondents it has been stated that the vacancies of Postal Assistants/Sorting Assistants were to be filled from amongst Lower Grade Officials (Postman/Multi Task Service) through a departmental competitive examination as per prescribed procedure of the department. The syllabus of the examination was circulated vide letter dated 10.3.2011 (Annexure R -1). The minimum passing standard was also prescribed vide letter of ibid No. i.e. 40 marks for General Category and 33 marks for SC/ST Category. The vacancies to be filled through this examination were circulated vide letter dated 25.7.2011 (Annexure R -2). If there are any unfilled vacancies of General Category in a particular Division, they can be filled by surplus qualified candidates on the basis of Circle Merit as per instructions of department dated 21.01.1991 (Annexure R -3). The applicant had applied for the exam and appeared on 16.10.2011 in the same. Result of the qualified candidates (securing minimum marks 40 for General Category & 33 for SC Category) was declared vide letter dated 01.02.2012 (annexure R -4). Surplus candidates of General Category were also declared while declaring result. The applicant had admittedly secured 60+30 Marks and remained failed. Being SC candidate, he should have secured minimum of 33 marks in each paper. As per instructions of department dated 23.01.2013 (Annexure R -5), the unfilled vacancies of SC/ST category will be filled by review from the SC/ST candidates of respective Divisions. If still the vacancies of SC/ST candidates remain unfilled, the same will be offered to the surplus qualified SC/ST candidates. After declaring the result of examination, vacancies of SC/ST Category as per detail given below remained unfilled: -