Facts
The applicants, initially engaged as Gramin Dak Sevaks (GDS), were appointed as Multi-Tasking Staff (MTS) in 2021
Source reference: p.2After completing a two-year probation in March 2024, they were promoted to Lower Division Clerks (LDC) in late 2025
Source reference: p.3the respondents issued an Office Memorandum (OM) dated 04.02.2026, stipulating that candidates must complete both probation and the required qualifying service by the crucial date of 01.01.2026
Source reference: p.3Under interim directions from the Tribunal dated 06.02.2026, the applicants appeared for the examination provisionally
Source reference: p.3-4A departmental scrutiny committee subsequently found both applicants eligible
Source reference: p.4Issues
1. Whether the applicants are eligible to appear for the departmental examination for promotion to Junior Accountant despite the restrictive conditions in the OM dated 04.02.2026.
Source reference: p.2/para. 12. Whether the respondents are obligated to proceed with the promotion process after the applicants were found qualified by the scrutiny committee and the examination results.
Source reference: p.4/para. 6Law Applied
CPAO (Junior Accountants, Stenographers, LDC) Recruitment Rules, 2010 (RR 2010), which govern the statutory requirements for promotion to the cadre of Junior Accountant
Source reference: p.2Ministry of Communication’s OM dated 13.12.2023, which clarified that probation must be completed in the entry grade of service and not necessarily in every subsequent grade
Source reference: p.3Tribunal utilized its discretionary power to grant interim relief, allowing provisional appearance in examinations to prevent irreparable injury to candidates' career prospects
Source reference: p.3-4Reasoning
The Tribunal analyzed the eligibility of the applicants based on their service record and the findings of the respondents' own Scrutiny Committee.
Source reference: p.4a committee constituted by the department during the pendency of the litigation reviewed the matter and explicitly declared the applicants eligible to appear for the promotion
Source reference: p.4The results of the departmental examination, produced in a sealed envelope, confirmed that both applicants had successfully qualified for the post of Junior Accountant
Source reference: p.4Since the internal departmental committee had already resolved the eligibility dispute in favor of the applicants and they had passed the examination, the Tribunal found there was no further legal impediment to their promotion
Source reference: p.4Holding
The Tribunal held that since the applicants were declared qualified in both the departmental examination and by the internal scrutiny committee, the respondents are legally obligated to finalize their promotion
The Tribunal disposed of the OA by directing the respondents to expedite and complete the promotion process to the post of Junior Accountant
Source reference: p.4Original Court PDF
Anil KumarvsDEPTT OF POSTS
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