Monday, October 10, 2011

OA NO.120/2009 -oral -0n 30-06-2011

CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BANGALORE

ORIGINAL APPLICATION NO.120/2009

THURSDAY, DATED THIS THE 30TH DAY OF JUNE, 2011

HON'BLE SMT. LEENA MEHENDALE ...MEMBER(A)
HON'BLE SHRI V. AJAY KUMAR ...MEMBER(J)

Prakasha,
Aged 38 years,
S/o Parameshachar,
Mail Motor Service Driver,
V.V.Mohalla PO,
MYSORE – 570 002. ...Applicant

(By Advocate Shri B.Venkateshan)

Vs.

1. The Union of India,
Represented by the Secretary,
Department of Posts,
Dak Bhavan, New Delhi – 110 001.

2. The Chief Postmaster General,
Karnataka Circle,
Bangalore – 560 001.

3. The Postmaster General,
South Karnataka Region,
Bangalore – 560 001.

4. The Senior Superintendent of Post Offices,
Mysore Division, Mysore – 570 020. ...Respondents

(By Additional Central Government Standing Counsel Shri N.Y.Guruprakash)


O R D E R (ORAL)

HON'BLE SMT. LEENA MEHENDALE ...MEMBER(A)

We have heard both the Counsel at length. The learned Counsel for applicant argued that the applicant is working as part time Driver since 1998 and his immediate senior have also appreciated his work and recommended him for being regularised. This recommendation is seen at Annexure A4 dated 31.8.2005. In addition he has also made many representations from time to time for being regularised, some of which is seen at Annexure A11 and A14. However, by notification dated 2.6.2011 the respondents have notified 4
- 2 -
vacancies and called for applications and last date for filing application is 29.6.2011. Against this notification the applicant has not submitted his application.
2. The contention of the learned Counsel for the respondents is that since the applicant is only a part time Driver and not yet regularised even as a temporary Driver, his claim for absorption is not sustainable. The learned Counsel for applicant submits that the decision of the Hon'ble Supreme Court in the matter of Umadevi Vs. State of Karnataka applies in this matter. Accordingly, the learned Counsel for respondents submits that the respondents have no objection to study the representations of the present applicant alongwith the OA and prayer therein in the light their own merit as well as of the Umadevi judgement.

3. Accordingly, we direct that the respondents should examine the representations of the applicant in the light of the Umadevi's case as well as on their own merit and pass a speaking order within a period of 3 weeks. In the meantime, they shall also allow the applicant to submit his application against the notification dated 2.6.2011 within the next 10 days and allow him to appear in all the relevant procedure for selection alongwith others, thus providing him another opportunity to be selected for a regular vacancy. OA is accordingly disposed of. No order as to costs.

(V. AJAY KUMAR) (LEENA MEHENDALE)
MEMBER(J) MEMBER(A)
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