No. IP/ASP/ASSN/11 Date: 22.12.2011
To
The Chief Postmaster General
Kerala Circle
Trivandrum- 695033
Respected Madam,
Sub: LDCE for promotion to the cadre of Senior Postmaster- reg:
Ref: C.O letter No. Rectt/15-1/2011 dated 20.12.11
As you are aware, applications submitted by the ASPs of our Circle has been rejected on the plea that the provisions laid down in the concerned Recruitment Rules allows only IPs with grade pay of Rs 4200 with six years of regular service to appear for the said Examination.
In this connection, the Association may be permitted to point out that two cases have been filed both by the Association and also by two ASPs in their individual capacities before the Hon’ble CAT, Hyderabad Bench. OA No. 1279/11 filed by two ASPs in their individual capacity came up before the Hon’ble CAT on 14.12.11 and the Hon’ble Tribunal was pleased to pass an interim order directing the department to allow the applicants to appear for the examination and to evaluate their answer scripts and to keep the same in a sealed cover without publishing their results until further orders. In the said order, the Hon’ble Tribunal has categorically observed that the original rule does not specifically prohibit ASPs from appearing for the examination and further that in the original notification/rules, there is no prohibition for the ASPs from appearing for the examination. A true copy of the said order dated 14.12.11 downloaded from the net is enclosed herewith for favour of ready reference. Another OA filed by the IP/ASP Association, Andhra Circle under No. 1316/2011 also came up before the Hon’ble CAT, Hyderabad Bench on 21.12.11 wherein also similar orders has been passed by the Hon’ble Tribunal directing the CPMG AP circle Hyderabad to take the list of willing and eligible ASPs from the Association and allow them to appear for the Senior Postmaster examination scheduled to be held on 31-12-2011. Copy of the said order is also enclosed.
It is to be pointed out that as the ASPs of this Circle are similarly situated as those of the applicants in the above OAs, it is evident that the order and observations passed by the Hon’ble CAT Hyderabad Bench in the said OAs would be applicable mutandis mutandis to our ASPs also. It is therefore requested that urgent action may kindly be caused for admitting the ASP candidates of Kerala Circle also for the Sr. PM Examination scheduled to be held on 31.12.11 as directed by the CAT in the said orders and also to intimate M/s CMC Delhi so as to enable them to take timely action in the matter.
Thanking You,
Yours faithfully
Ajith Kurian
Circle Secretary
Ref: C.O letter No. Rectt/15-1/2011 dated 20.12.11
As you are aware, applications submitted by the ASPs of our Circle has been rejected on the plea that the provisions laid down in the concerned Recruitment Rules allows only IPs with grade pay of Rs 4200 with six years of regular service to appear for the said Examination.
In this connection, the Association may be permitted to point out that two cases have been filed both by the Association and also by two ASPs in their individual capacities before the Hon’ble CAT, Hyderabad Bench. OA No. 1279/11 filed by two ASPs in their individual capacity came up before the Hon’ble CAT on 14.12.11 and the Hon’ble Tribunal was pleased to pass an interim order directing the department to allow the applicants to appear for the examination and to evaluate their answer scripts and to keep the same in a sealed cover without publishing their results until further orders. In the said order, the Hon’ble Tribunal has categorically observed that the original rule does not specifically prohibit ASPs from appearing for the examination and further that in the original notification/rules, there is no prohibition for the ASPs from appearing for the examination. A true copy of the said order dated 14.12.11 downloaded from the net is enclosed herewith for favour of ready reference. Another OA filed by the IP/ASP Association, Andhra Circle under No. 1316/2011 also came up before the Hon’ble CAT, Hyderabad Bench on 21.12.11 wherein also similar orders has been passed by the Hon’ble Tribunal directing the CPMG AP circle Hyderabad to take the list of willing and eligible ASPs from the Association and allow them to appear for the Senior Postmaster examination scheduled to be held on 31-12-2011. Copy of the said order is also enclosed.
It is to be pointed out that as the ASPs of this Circle are similarly situated as those of the applicants in the above OAs, it is evident that the order and observations passed by the Hon’ble CAT Hyderabad Bench in the said OAs would be applicable mutandis mutandis to our ASPs also. It is therefore requested that urgent action may kindly be caused for admitting the ASP candidates of Kerala Circle also for the Sr. PM Examination scheduled to be held on 31.12.11 as directed by the CAT in the said orders and also to intimate M/s CMC Delhi so as to enable them to take timely action in the matter.
Thanking You,
Yours faithfully
Ajith Kurian
Circle Secretary
