No. CHQ/AIAIASP/PS Gr. B Exam 12-17/2016 Dated : 9/12/2016
Shri B. V. Sudhakar,
Department of Posts,
Dak Bhavan, Sansad Marg,
New Delhi 110 001.
Sub: Conduct of LDCE on 18.12.2016 for promotion to the cadre of P.S Group ‘B’ from the vacancy year 2012–13 onwards---Regarding request for its postponement thereof.
Ref : Directorate Notification No. A-34012/8/2016-DE dated 07th October 2016
This is in continuation to our submissions vide letter no. CHQ/AIAIASP/PS Gr. B Exam/2016 dated 19/10/2016 and letter no. CHQ/AIAIASP/PS Gr. B Exam 12-17/2016 dated 17/11/2016 whereby it was earnestly requested to kindly re-visit your decision of conducting the LDCE (rescheduled to be held on 18.12.16) in a single go for all the recruitment years.
With utmost regards, it is humbly submitted that notification no. A-34013/03/2012-DE dated 17.07.12 for conduct of PS Gr ‘B’ Exam 2012 held on 03.06.12 was held to be violative of law laid down by Hon’ble APEX Court and DoPT OM dated 19.01.07, as per decision dated 10.03.15 passed by Hon’ble CAT Bench Hyderabad in OA No. 554/2013. The said decision was contested by the Department before Hon’ble High Court at Hyderabad in CWP No. 25931/2015. Although Hon’ble High Court did not affirm the said decision yet it is of the view that principles enunciated in Dr. R. N. Bhatnagar case may be revisited by the APEX Court. As such, it dismissed the CWP filed by the Department vide judgement dated 05.12.16 (copy enclosed).
It is pertinent to mention here that Hon’ble High Court while arriving at the decision has also taken into account the vacancies notified in the notification dated 07.10.2016.
Paras 21 & 22 of the judgement, being relevant are extracted hereunder:-
“21. It is also brought to our notice by Mr. Siva, learned counsel for the respondents 1 to 5, that the Department of Posts issued a notification very recently on 07.10.2016 for the conduct of Limited Departmental Competitive Examination for promotion to the cadre of Postal Services Group – B from 2012-13 onwards. In para-9 of the Notification, the Department has given a tabular statement with regard to the break-up of vacancies which can usefully be extracted as follows:
Category-wise break up of vacancies
Inspector Posts line officials
(19% quota of vacancies)
22. We are unable to reconcile ourselves to the statistics furnished by the Union of India in the table provided under para-6 of their Affidavit in support of the writ petition with the vacancies that they have shown in the table under para-9 of the recent Notification dated 07-10-2016. If 165 posts alone are reserved under the 19% quota for promotion through Limited Departmental Competitive Examination from a particular line and if 150 officers who were promoted through the said channel were in place in April, 2012, more than about 100 vacancies could not have arisen during the period from 2012-13 to 2016-17. This shows that there was something grossly wrong with the stand taken by the Union of India.”
In view of above, there is evident apprehension, in terms of vacancies calculated and notified vide notification dated 07.10.16, in the mind of all the aspirants. Thus, the situation is still prima facie ambiguous and unclear.
In order to obviate complexity of the issue, this association, respectfully urged upon the Department to postpone the exam to some other date in the interest of justice equity and fair play. It is requested to re-visit the decision taken by the Directorate and earnestly requests the higher authorities to initiate examination exercise after making the things clear and set right.
Copy to :-
Shri S. V. Rao, Director (DE), Department of Posts, Dak Bhawan, Sansad Marg, New Delhi 110 001. He is also requested to kindly look into this vital issue and arrange for postponing the PS Group B examination.