UNION OF INDIA Vs. ASIM KUMAR MONDAL
LAWS(CAL)-2013-4-116
HIGH COURT OF CALCUTTA
Decided on April 08,2013

UNION OF INDIA Appellant
VERSUS
Asim Kumar Mondal Respondents

JUDGEMENT

- (1.) The Petitioners have moved this writ petition against the decision of the Central Administrative Tribunal, Calcutta Bench in O.A. No. 408 of 1997. By the impugned order, the Tribunal had directed the Petitioners to accept and give effect to the recommendations of the Departmental Selection Committee for filling up the post of Postal Assistant within a period of three months. The brief facts giving rise to the present petition are as follows: Recruitment Rules were framed by the Department of Posts for recruitment of Postal Assistants and Sorting Assistants in 1990. These were known as the Department of Posts (Postal Assistants and Sorting Assistants) Recruitment Rules, 1990 (hereinafter referred to as the Recruitment Rules). The Rules were amended in 1992.
(2.) On 27th April, 1995 the Assistant Director of Postal Services, West Bengal Circle, Calcutta, issued a Circular for filling up the unfilled vacancies of the Departmental Quota of Postal Assistants/Sorting Assistants for the year 1995. Initially, the recruitment for Postal Assistants was to be made on the basis of 50% direct recruitment and 50% departmental candidates. Only those Extra Departmental Staff who had secured not less than 10% marks in comparison with the last candidate from the open market would be eligible for being considered for appointment as Postal Assistants/Sorting Assistants. It was also stipulated by the amendment that in case there was an insufficient number of in-house candidates, i.e., the Extra Departmental Agents, for being recruited to the post of Postal Assistant/Sorting Assistant, then the unfilled vacancies would be offered to direct, recruits, provided they fulfilled the conditions of age and other qualifications.
(3.) It appears that in July, 1995 the Departmental Promotion Committee (hereinafter referred to as the D.P.C.) declared that there were unfilled departmental vacancies for the year 1994 for the other castes-9 and Scheduled Caste-1. These vacancies were transferred to the year 1995 for direct recruitment.;


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