ups_00209 — Applicant was appointed temporarily as GDS BPM, Radhakuchi Branch Office under Nalbari - Barpeta Postal Division due to death of his father while in service who was working in that Post Office as BPM. The circle selection committee rejected the case of the Applicant to regularize him in that post as he had not secured the minimum of 50 points in their allocation of marks. The Tribunal after having considered the case came to the conclusion that this is fit case for review as the Applicant has no

UPS

Applicant was appointed temporarily as GDS BPM, Radhakuchi Branch Office under Nalbari - Barpeta Postal Division due to death of his father while in service who was working in that Post Office as BPM. The circle selection committee rejected the case of the Applicant to regularize him in that post as he had not secured the minimum of 50 points in their allocation of marks. The Tribunal after having considered the case came to the conclusion that this is fit case for review as the Applicant has not been given correct marks keeping in view the revised Form-II format which takes note of the family dependants based on documentary evidence. Hence the Respondents are directed to review the application of the Applicant for compassionate appointment as per rule and the scheme applicable at the time of the death of his father — Applicant's temporary appointment as GDS BPM due to father's death, case rejected for not meeting minimum points, Tribunal orders review due to incorrect mark allocation based on revised Form-II form... — Facts: The Applicant is the son of (Late) Akbar Hussain who died in harness on 29-3-2012 while working as GDS BPM in Barpeta Postal Sub-Division of Nalbari-Barpeta Postal Division. Late Hussain left behind his wife, two sons and two daughters. The Applicant produced the neccessary documents annexed at A-2 vide Letter, dated 8-5-2012 (A-4), Respondent No. 5, Superindent of Post Offices, Nalbari-Barpeta Division appointed the Applicant in GDS BPM, in his father's place temporarily on compassionate ground subject to the formal approval of CRC, Guwahati. Applicant joined the service on 8-5-2012 and continued as such till 1-3-2014 to the entire satisfaction of his superiors. By Order, dated 19-2-2014, R-5 terminated the service of the Applicant without any reason under Rule 8 (2) of Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011. The CRC meeting held on 4-4-2014 communicated by letter, dated 6-5-2014 that the temporary service of the Applicant was terminated as he had been awarded only 44 merit points whereas the minimum mark required is 50 points for hard and deserving cases. It is stated that CRC had erred in allocation of lesser marks on three counts, namely,
(i) number of dependants,
(ii) ownership land and house and
(iii) the quantum of terminal benefits. According to the Applicant, the marks awarded should be 70 which he stated as per supportive calculation. The Applicant states that he passed HSLC and HS examination in 2002 and 2004 respectively. He also states that he possesses advance Diploma in computer education. His representation, dated 23-10-2014 went unanswered. Hence he filed this OA praying for quashing the CRC decision meeting held on 4-4-2014 whereby he was denied appointment regularly as GDS BPM, Radhakuchi BO on compassionate ground as he did not get 50 marks and further requested for grant of proper merit points. The main issue is, whether the CRC committed a mistake in ignoring the merit points to be awarded to the Applicant keeping in view the education of one dependant child and marriage of one daughter. The Applicant contends that he is to be given 74 merit points based on all points to be counted. According to the Applicant, the Ministry of Communication and IT, Government of India the merit points is brought down to 36 from 51 and even in the revised scheme, the Applicant is entitled for 68 merit points based on “Attributes, Applicant's status” under Column No. 6 of attributes. The Applicant prayed for keeping one post of GDS vacant till his case is disposed of. In support of his contention, he relied on D.G. Posts Letter, dated 2-2-1994 which is reproduced in the judgment. The Applicant also relied on the decision of the Bench, dated 25-3-2015 in O.A. No. 040/00163/2014, Para. 4 which directs the Respondents therein to reconsider the representation of the Applicant therein. Till then the arrangement made to fill up GDS in that case will be subject to the final decision of the Tribunal in that case. In the result it was held: Held: “In view of the above arguments and also the submission made in the written statement which has been relied by both the parties, this Court finds it a good case for review as the Applicant has not been given correct marks keeping in view the revised Form-II format showing number of dependants as 5 (five) and also the younger daughter of the deceased is studying in B. K. Anchalik Vidhalaya, Bhairaguri, Barpeta, Assam and still unmarried which has been sufficiently corroborated by the documentary evidence and verified by the R-6, the Sub-Divisional Inspector (P), Barpeta Sub-Division and not objected to in the written statement”. In the result, the Respondents are directed to review the application of the Applicant for compassionate appointment after taking into account, the extra merit points accruing to the Applicant as per the observation, made in Para. 13 of the judgment within a period of three months from the date of receipt of this order as per relevant rules and the scheme applicable at the time of death of the father of the Applicant. Till the case is reviewed by Competent Authority, no direct recruitment will be made against the post or ad hoc arrangement made will be subject to the decision of the CRC review. OA is then disposed of. No costs. [ Akram Hussain v. Chief Postmaster-General, Assam Postal Circle and others, 7/2018, nitisnewS 104, (Guwahati), date of judgment 9-6-2017. ]

UPS

Applicant was appointed temporarily as GDS BPM, Radhakuchi Branch Office under Nalbari - Barpeta Postal Division due to death of his father while in service who was working in that Post Office as BPM. The circle selection committee rejected the case of the Applicant to regularize him in that post as he had not secured the minimum of 50 points in their allocation of marks. The Tribunal after having considered the case came to the conclusion that this is fit case for review as the Applicant has not been given correct marks keeping in view the revised Form-II format which takes note of the family dependants based on documentary evidence. Hence the Respondents are directed to review the application of the Applicant for compassionate appointment as per rule and the scheme applicable at the time of the death of his father — Applicant's temporary appointment as GDS BPM due to father's death, case rejected for not meeting minimum points, Tribunal orders review due to incorrect mark allocation based on revised Form-II form... — Facts: The Applicant is the son of (Late) Akbar Hussain who died in harness on 29-3-2012 while working as GDS BPM in Barpeta Postal Sub-Division of Nalbari-Barpeta Postal Division. Late Hussain left behind his wife, two sons and two daughters. The Applicant produced the neccessary documents annexed at A-2 vide Letter, dated 8-5-2012 (A-4), Respondent No. 5, Superindent of Post Offices, Nalbari-Barpeta Division appointed the Applicant in GDS BPM, in his father's place temporarily on compassionate ground subject to the formal approval of CRC, Guwahati. Applicant joined the service on 8-5-2012 and continued as such till 1-3-2014 to the entire satisfaction of his superiors. By Order, dated 19-2-2014, R-5 terminated the service of the Applicant without any reason under Rule 8 (2) of Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011. The CRC meeting held on 4-4-2014 communicated by letter, dated 6-5-2014 that the temporary service of the Applicant was terminated as he had been awarded only 44 merit points whereas the minimum mark required is 50 points for hard and deserving cases. It is stated that CRC had erred in allocation of lesser marks on three counts, namely,
(i) number of dependants,
(ii) ownership land and house and
(iii) the quantum of terminal benefits. According to the Applicant, the marks awarded should be 70 which he stated as per supportive calculation. The Applicant states that he passed HSLC and HS examination in 2002 and 2004 respectively. He also states that he possesses advance Diploma in computer education. His representation, dated 23-10-2014 went unanswered. Hence he filed this OA praying for quashing the CRC decision meeting held on 4-4-2014 whereby he was denied appointment regularly as GDS BPM, Radhakuchi BO on compassionate ground as he did not get 50 marks and further requested for grant of proper merit points. The main issue is, whether the CRC committed a mistake in ignoring the merit points to be awarded to the Applicant keeping in view the education of one dependant child and marriage of one daughter. The Applicant contends that he is to be given 74 merit points based on all points to be counted. According to the Applicant, the Ministry of Communication and IT, Government of India the merit points is brought down to 36 from 51 and even in the revised scheme, the Applicant is entitled for 68 merit points based on “Attributes, Applicant's status” under Column No. 6 of attributes. The Applicant prayed for keeping one post of GDS vacant till his case is disposed of. In support of his contention, he relied on D.G. Posts Letter, dated 2-2-1994 which is reproduced in the judgment. The Applicant also relied on the decision of the Bench, dated 25-3-2015 in O.A. No. 040/00163/2014, Para. 4 which directs the Respondents therein to reconsider the representation of the Applicant therein. Till then the arrangement made to fill up GDS in that case will be subject to the final decision of the Tribunal in that case. In the result it was held: Held: “In view of the above arguments and also the submission made in the written statement which has been relied by both the parties, this Court finds it a good case for review as the Applicant has not been given correct marks keeping in view the revised Form-II format showing number of dependants as 5 (five) and also the younger daughter of the deceased is studying in B. K. Anchalik Vidhalaya, Bhairaguri, Barpeta, Assam and still unmarried which has been sufficiently corroborated by the documentary evidence and verified by the R-6, the Sub-Divisional Inspector (P), Barpeta Sub-Division and not objected to in the written statement”. In the result, the Respondents are directed to review the application of the Applicant for compassionate appointment after taking into account, the extra merit points accruing to the Applicant as per the observation, made in Para. 13 of the judgment within a period of three months from the date of receipt of this order as per relevant rules and the scheme applicable at the time of death of the father of the Applicant. Till the case is reviewed by Competent Authority, no direct recruitment will be made against the post or ad hoc arrangement made will be subject to the decision of the CRC review. OA is then disposed of. No costs. [ Akram Hussain v. Chief Postmaster-General, Assam Postal Circle and others, 7/2018, nitisnewS 104, (Guwahati), date of judgment 9-6-2017. ]

Original Rule Text

Original Rule Text