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Taking CAT decision as a Ruse to deny legitimate rights of Postmaster Cadre!

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Letter from DG to all Circle heads

 NO.93-9/2012-SPB-11 dated 30.05.2012

 Sub:-OA no 640/2011 filed by Shri Subrat Kumar Mahali before Hon'ble CAT, Cuttack Bench.

Sir/Madam

I am directed to refer to the subject mentioned above and to say that the OA has been filed seeking to quash  the action of the circle in debarring  the applicant from appearing for IPO Departmental Exam held on 15-16 th October, 2011. The Orissa circle did not allow the applicant to appear in the examination in terms of Diretorate's lr no 4-29/2011-SPB dated 24.08.2011.

The tribunal vide their order dated 10.04.2012 has dismissed the OA observing that the authority has every right to take policy decision through executive instruction .

It is requested that similar CAT/Court cases may be defended in the light of the judgement cited above.


Judgement

Final para: Recruitment Rule clearly provides that the posts of Inspector shall be filled up 33.34% by way of direct recruitment through staff selection commission and 66.66% by way of promotion through LDC examination.The Postmasters constitute a separate cadre in the rules. When there is no ex facie/express provision in the rules permitting such of the employees who qualified and appointed as Postmaster Gr1, to appear at the IPO exam, eliminating them from the zone of consideration can not be faulted with.

For discussions made above , we have no hesitation to hold that this OA has no legs to stand and thus, the OA stands dismissed by leaving the parties to bear their own costs.




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