OA No.313/2008 --oral --on 12-09-2011

CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BANGALORE

ORIGINAL APPLICATION No.313/2008

MONDAY, DATED THIS THE 12TH DAY OF SEPTEMBER, 2011


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


Sri H.S.Siddagangappa,
S/o Siddappa,
Aged about 60 years,
Working as GDS Mail Delivery at Hossur,
Gowribidanur Taluk,
Chikkaballapur District. ...Applicant

(By Advocate Shri P.N.Nanja reddy)

Vs.

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

2. The Inspectors of Post Offices,
Chikkaballapur Sub-Division,
Chikkaballapur – 562 101.

3. The Superintendent of Post Offices,
Kolar Division, Kolar.

4. The Post Master General,
S.K.Region,
Bangalore – 560 001. ...Respondents

(By Additional Central Government Standing Counsel Shri G.Mallikarjunappa)

O R D E R (ORAL)

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

MA No.289/2011: The OA No.313/2008 was dismissed for default on 12.4.2011. However, at the request of the learned Counsel for both sides the matter is reopened again today.

Heard both the Counsel. This is a case of GDS Postal employee who would be otherwise eligible for promotion as Post Man. He entered the Postal
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Department on 9.11.1981 and became eligible for promotion in 1986. On not getting promotion he filed an OA No.393/2002 claiming promotion under reservation quota for physically handicapped. The OA was dismissed on the ground that he had not produced the certificate for physically handicapped. Thereafter, the applicant submits in the OA that he furnished the necessary certificate to the department on 22.3.2003 which at Annexure A3. However, on not getting any promotion he again approached this Tribunal by a second OA. Thereafter, he made certain claim for promotion which was rejected by the department on 31.10.2007. In that claim he had not raised the issue of his being physically handicapped. He wants to raise it now in this OA which filed on 5.8.2008 and the main ground claimed now is being physically handicapped. After producing the required certificate in 2003, he has not pursued the matter for next 5 years. Hence there is enormous delay by the applicant. Now the learned Counsel for the applicant relied on (2004) 6 SCC – Civil Appeal No.5178 of 2004 decided on 11.8.2004 – Union of India Vs. Sanjay Kumar Jain and he would like to take us to para-9 which talks about the issue of discrimination to the Government employee and does not talk of any delay committed by the applicant. Hence the said judgement is not relevant. OA is accordingly dismissed.


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

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