w w w . L a w y e r S e r v i c e s . i n



Shajahan Ali v/s The Union of India, Represented by the Secretary to the Government of India, Ministry of Communications & I T Department of Posts, New Delhi & Others


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    Original Application No. 040/00283 of 2019

    Decided On, 30 September 2019

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER & THE HONOURABLE MR. NEKKHOMANG NEIHSIAL
    By, ADMINISTRATIVE MEMBER

    For the Applicant: D.N. Sharma, Advocate. For the Respondents: R. Hazarika, Addl. CGSC.



Judgment Text


Oral Order:

Manjula Das, Member (J).

1. The present O.A. has been preferred by the applicant under Section 19 of the Administrative Tribunals Act 1985 seeking the following reliefs:-

“8.1 to direct the Respondent No. 1 to relax the upper age limit of the applicant above 40 years since he is competent to relax it. (II) to direct the respondents to consider the case of the applicant in the next CCE committee to be held in 2019 and select the applicant against any GDS post in the Nalbari Barpeta Division, Nalbari by relaxing his upper age limit above 40 years. (III) Any other relief (s) which the applicant is entitled to as the Hon’ble Tribunal may deem fit and proper.”

2. The submission made by Sri D.N. Sharma, learned counsel for the applicant, at the outset of his argument, is that although the case of the applicant was put up in the Circle Committee for Compassionate Engagement (CCE) on 08.06.2018, but the Committee rejected his candidature for overage on the date of selection. Since the Heads of the Circle is competent to relax the upper age limit of the candidate in case of necessary, as such, applicant represented before the Head of the Circle on 16.04.2019. But no response till date.

3. It was submitted by Sri Sharma that applicant is the only dependant son of Late Abdul Gafur Akand who worked as Gramin Dak Sewak Delivery agent cum Mail carrier in Bhanganmari Branch Post Office in account with Mukalmua Sub Post Office under Nalbari head Post Office w.e.f. 18.01.1984. While working as such, he died all of a sudden on 04.02.2015 before his superannuation on 28.02.2019. Although the applicant submitted his application to the Superintendent of Post Offices, Nalbari for compassionate engagement on 01.07.2015, however due to some defect, he again submitted his application on 10.08.2017.

4. In view of the above, the learned counsel for the applicant prayed for a direction upon the respondent authorities to consider the case of the applicant by relaxing the required age limit to be eligible for compassionate ground as per Directorate’s letter No. 17-1/2017-GDS, dated 30.05.2017.

5. On the other hand, Sri R. Hazarika, learned Addl. CGSC for the respondents suggest that since the representation submitted by the applicant on 16.04.2019 is pending before the Chief Postmaster General (Staff), Assam Circle, Guwahati, he may be directed to dispose of the said pending representation first where the learned counsel for the applicant also agreed to.

6. We have accepted the prayer made by both the parties. In view of the above, without going into the merit of the case, we direct the respondent authorities more particularly respondent No. 2, Chief Postmaster General, Assam Circle, Guwahati to dispose of the pending representation dated 16.04.2019 and consider the case of the applicant by relaxing the age limit to be eligible for compassionate ground as per Directorate’s letter No. 17-1/2017- GDS, dated 30.05.2017, by passing a reasoned and speaking order, within a period of tw

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o months’ from the date of receipt of a copy of this order. 7. Needless to mention that whatever decision to be passed by the respondent No. 2, shall be communicated to the applicant forthwith. 8. With the above directions, O.A. stands disposed of accordingly at the admission stage. There will be no order as to costs.<
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