PURNA CHANDRA BEHERA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Writ Petition has been filed against the impugned Judgment and Order Dated 20th August, 2004 passed by the Central Administrative Tribunal in O.A. No. 109 of 2000 dismissing the Original Application filed by him.

(2.) THE brief facts of the case are that the Petitioner who belongs to Scheduled Caste community was directly recruited to the UDC cadre of SBCO in the Central Government in the Department of Posts and joined the post on 30th May, 1983, as per D.G.(Post), New Delhi letter No. 51 -5/71 -SPB -1 dated 18.7.1971. According to the said letter, directly recruited UDC's are required to pass the confirmation examination. Those who fall to pass the confirmation examination in three chances within a period of four years from the date of regular appointment may be offered the lower post of LDC, if they are willing; otherwise they may be discharged from service.

(3.) HOWEVER , vide letter No. 26 -2/81 -SPB -1 dated 4.5.1981 a provision was made for review of results of failed Scheduled Caste and Scheduled Tribe candidates and it was provided that such candidates who could not qualify in the confirmation examination can be exempted from such examination. Therefore, the Petitioner challenged his reversion to L.D.C. before the Tribunal by filing O.A. No. 150 of 1992 praying therein to review his result as a S.C. candidate as per the provisions contained in the aforesaid letter dated 4.5.1981. During the pendency of the aforesaid O.A., the Circle Review Committee reviewed the case of the Petitioner in the year 1996 and declared him successful in the confirmation examination of directly recruited UDCs held on 5.6.1989 and his posting to a lower post i.e. a post of L.D.C. was cancelled vide Order Dated 27.3.1997. But the benefit of the seniority was not given to him from the date of regular appointment i.e. 30th May 1983 but was given with effect from the date of success in the confirmation examination i.e. 1989. Being aggrieved he filed the Original Application before the Learned Tribunal. The Tribunal referring to the provision of Rule 254 of P and T Manual Volume -IV dismissed the Original Application. Hence the instant Writ Petition.