ups_00375 — Knowledge of computer is mandatory. Applicant's certificate from an institute is to be considered by the Respondents and decision taken for absorption of the Applicant who has been holding the post of GDS BPM from 2007 with some break
Original Rule Text
Knowledge of computer is mandatory. Applicant's certificate from an institute is to be considered by the Respondents and decision taken for absorption of the Applicant who has been holding the post of GDS BPM from 2007 with some break — This chunk pertains to an Original Application (O.A.) No. 260/00480 of 2020, regarding a matriculate applicant who has been holding the post of GDS BPM from 2007 with some break. The applicant applie... — Facts: The Applicant, a matriculate, had at his credit experience as GDS as hereunder:-
(a) As EDDA (later renamed as ABPM) , Tukuna BO 19-11-1984 till 2007
(b) As GDS BPM 2007 for some time and again from 2010 till 26-3-2014
(c) As GDS BPM 1-9-2014 till date The Applicant applied for absorption in view of the long experience as BPM. His transfer application was received by the Respondents without computer certificate, which has been made mandatory with effect from 15-2-2014. Earlier he filed O.A. No. 362 of 2020 which was disposed of by an Order, dated 21-9-2020 for reconsideration. However, the Respondents rejected the request in the absence of computer certificate. Hence, this OA came to be filed. Respondents have contested the OA. According to them, DG P & T Department of Posts instructions, dated 6-2-2014, for recruitment to the post of GDS BPMs, the Applicants selected for the post should have at least 60 days computer training from a recognized computer training institute. This provision was to take effect from 15-2-2014. As the application of the Applicant was received without the said certificate, he could not be absorbed. The Applicant was kept in charge of GDS BPM, Tukuna BO from 2007 till the post was filled on regular basis and on the person so appointed having been promoted to MTS in 2010, the Applicant was again directed to work in the said post. Thereafter there was a gap from 27-3-2014 to 31-8-2014 when another person joined on regular basis but resigned. Thus, from 1-9-2014, the Applicant has been functioning as GDS BPM. The Applicant has been functioning as GDS BPM even now, albeit under orders of the Tribunal. Thus, prior to the issue of the Order, dated 6-2-2014 also, the Applicant worked as GDS BPM and subsequently too. It is not the case of the Respondents that in the absence of computer course there has been any adverse impact on the day-to-day working of the GDS BPM. The Applicant through rejoinder has produced a copy of the computer knowledge certificate issued by the IICM, computer education (Registered with Government of Odisha) (Institutional Member of the CSI, Mumbai), dated 16-12-2017 which certificate does not seem to have been taken into consideration by the Respondents while rejecting the claim of the Applicant. As the Tribunal is not competent to come to a positive conclusion that the computer certificated, dated 16-12-2017 meets the requirement of the Department, the decision taken by the Respondents against the Applicant needs reconsideration.