Friday, December 23, 2016
Letter to Secretary (Posts) for withholding of PS Group-B exam held on 18-12-2016 till final outcome of OA No.180/953/2016
No. CHQ/AIAIASP/PS Gr. B Exam 12-17/2016 Dated : 22/12/2016
Shri B. V. Sudhakar,
Department of Posts,
Dak Bhavan, Sansad Marg,
New Delhi 110 001.
Sub: Request for withholding result of LDCE for promotion to the cadre of P.S Group ‘B’ held on 18.12.2016 for the vacancy year 2012–13 onwards till final outcome of OA No.180/953/2016 filed before Hon’ble CAT Ernakulam.
Ref : Judgement of the Hon’ble High Court of Kerala at Ernakulum dated 29.11.2016 in CWP No.OP (CAT).No.301 of 2016 (Z)
With profound regards, All India Association of Inspectors and Assistant Superintendents Posts, would like to submit following few lines for your kind consideration and favourable orders please:-
1. Directorate vide memo no. F. No. A- 34012/8/2016- DE dated 07th October, 2016 notified for conduct of PS Group B examination and the same was conducted on 18.12.2016.
2. It is submitted that a case bearing OA No.180/953/2016 was filed before Hon’ble CAT Ernakulum seeking relief for conduct of PS Gr.B Exam separately year wise for each vacancy year with adequate gap of minimum 40 days. The same was allowed by Hon’ble CAT vide its interim order dated 23.11.2016 (copy enclosed as Annexure-I).
3. However, while deciding the CWP No. OP (CAT).No.301 of 2016 (Z) preferred by the Department against aforesaid order of Hon’ble CAT Ernakulum, Hon’ble High Court of Kerala vide judgement dated 29.11.2016 (copy enclosed as Annexure-II) set aside the order passed by Hon’ble CAT Ernakulum. While passing the order, the Hon’ble High Court is of the view that the outcome of the result of examination be made after finalization of the OA pending before Hon’ble CAT Ernakulum. The relevant extracts of the orders of Hon’ble High Court of Kerala are reproduced below for your perusal and reference please:
“Para 11. ..................The court finds it fit and proper that the outcome of the examination could be made subject to the result of the OA in so far as the proceedings in respect of Kerala Region is concerned.
Para 13. ...................The exhibit P2 order passed by the Tribunal stands set aside. Further proceedings pursuant to the test scheduled to be held on 04.12.2016 as noted in Annexure A1 shall be subject to the orders to be passed by the Tribunal in the O.A. The merit of the case shall be considered in the light of the actual facts and figures, the relevant provisions of law along and the binding precedents, untrammelled by the observations made by this Court.”
4. In view of the above, it is requested that the result of LDCE for promotion to the cadre of P.S Group ‘B’ held on 18.12.2016 may please be withheld till final outcome of OA No.180/953/2016 pending before Hon’ble CAT Ernakulum as also directed by Hon’ble High Court of Kerala.
This Association earnestly requests Secretary (Posts) to kindly intervene in this matter and cause necessary action in favour of the justice to the cadre.
1. Shri Ashutosh Tripathi, Director General, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi 110 001.
2. Shri Ashok Kumar Dash , Member (Personnel), Dak Bhawan, Sansad Marg, New Delhi 110 001.
3. Shri S. V. Rao, Director (VP & DE), Department of Posts, Dak Bhawan, Sansad Marg, New Delhi 110 001.