Madras High CourtWP/21738/2019disposed of

C.V.M.P.Ezhilarasan v. The Union Of India,

2019-07-30Honourable Mr Justice S. Manikumar,Honourable Mr Justice Subramonium Prasad31 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30/7/2019 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Petition No.21738 of 2019 a n d W.M.P.Nos.20964 and 20965 of 2019 C.V.M.P.Ezhilarasan

...Petitioner

1. Union of India rep. By its Secretary Ministry of Communications Department of Posts Dak Bhawan, Sansad Marg New Delhi 110 001.

2. The Assistant Director General Department of Posts Dak Bhawan, Sansad Marg, New Delhi 110 001.

3. The Postal Service Board rep. By its Chairperson Postal Directorate Dak Bhawan, Sansad Marg New Delhi 110 001.

4. The Chief Post Master General Tamil Nadu Circle Anna Salai, Chennai.

...Respondents

Prayer Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the second respondent pertaining to Circular, dated 11/7/2019, in respect of the Examinations for the appointment to the posts of Multi Tasking Staff (MTS) - Postman, Mail Guard, Postal Assistant and Sorting Assistant and quash the same in so far as it does not permit the candidates to write the examinations in Tamil and other local languages and consequently, direct the respondents to permit the candidates to write the said examinations in the Regional/Local languages as contemplated in the Circular, dated 10/5/2019 of the second respondent.

For petitioner ... Mr.R.Neelakandan For respondents ... Mr.G.Karthikeyan Additional Solicitor General of India - - - - - -

O R D E R

(Order of the Court was made by S.Manikumar,J) On 23/7/2019, we passed the following order:- "After considering the submissions of Mr.P.Wilson, learned Senior Counsel for the petitioner and Mr.G.Karthikeyan, learned Assistant Solicitor General of India, on 18.07.2019, at paragraph Nos.9 and 10, we ordered as hereunder.

"9. From the above, it could be prima facie deduced that, if the respondents had cancelled the examinations conducted for the posts in Annextures a, b and c, stated supra, there should be some valid reason. It give rise to an inference that the department may revive the system, envisaged in the communication dated 10.5.2019. However, Mr.G.Karthikeyan, learned Assistant Solicitor General of India seeks time to get instructions.

10. We are aware that as per the decision of the Hon'ble Supreme Court in Dr.Duryodhan Sahu vs. Jitendra Kumar Mishra reported in 1998 (7) SCC 273, Public Interest Litigation, is not maintainable before the Tribunal. But the question raised in this writ petition deals with the decision of the respondents in not prescribing question papers, in local languages, where Hindi/English is not spoken. Taking note of the inconvenience, which is likely to be caused, advantageous position of those candidates, who take up the examination from the States, where Hindi/English is spoken, as local language, instant writ petition filed as a Public Interest Litigation, requires to be entertained."

2. On this day, when the writ petition came up for further hearing, Assistant Director, (Recruitment), O/o.Chief Postmaster General, Tamilnadu Circle, Chennai, has filed a reply as hereunder.

(i) the competitive examination limited to Gramin Dak Sewaks (GDS) for the post of Postal Assistant / Sorting Assistant for unfilled vacancies upto 31.12.2018 was proposed to be held on 14.7.2019 and the Model Notification has been issued by Postal Directorate vide letter NO. F.No. A - 34012 / 02 / 2019 DE dated 31.5.2019 (ANNEXURE A), wherein, the examination will be conducted as per the revised pattern and syllabus circulated by Postal Directorate vide letter No. 17/08/2019 - SPN - I dated 10.5.2019. As per the above Model Notification. Notification for the above examination has been issued by all Circles and by this Circle on 04.06.2019 and the same is enclosed as ANNEXURE B.

(ii) Further modification in the syllabus and pattern has been issued vide Postal Directorate Letter No. 17-08/7101 8 dated 11.7.2019. Postal Directorate vide letter No. A-34012/02/2019 DF dated 19.7.2019 which is enclosed as ANNEXURE C, has informed that due to some Administrative Reasons the Model Notification for the above cited Competitive Examination issued on 31.5.2019 was cancelled and further decided to cancel the above cited competitive examination conducted by the Circles on 14.7.2019. Since the Model Notification has been cancelled, the syllabus and pattern of examination which is part of the Model Notification has no impact.

(iii) The competitive examination from GDS to PA cadre is the internal examination which has been conducted among the GDS staff already working in the Department. The previous examinations for the above promotion is also conducted in Hindi and English only. The Model of question paper conducted for vacancies for the year 2013 and 2014 is enclosed as ANNEXURE - D.

(iv) In the examination cited in para (ii). which has been conducted on 14.7.2019, the second paper was held in English and local language as prescribed in letter dated 10.5.2019. The copy of question papers is enclosed as ANNEXURE- E.

(v) The Postal Directorate, New Delhi vide letter No. A-34012 /05/2019 - DE letter dated 18.7.2019 ( Copy enclosed as Annexure -F ) has informed that due to some administrative reasons, the competent authority has decided to cancel the following examinations along with the notifications till further orders.

(a) Common examination ( LDCE for promotion to Postal Assistants of other wings i.,e . MMS. Foreign Post, RLO and CO / RO and LDCE for promotion to PA / SA Examination from Postman / Mail Guard & MTS, Scheduled to be held on 11.08.2019

(b) LDCE for the post of Postman / Mail Guard , Scheduled to be held on 25.08.2019.

(vi) Revision of syllabus and pattern of examination to be conducted by Department of Posts for various examinations is to be considered by the Competent Authority.

3. In support of the contentions, a typed set of papers has also been filed.

4. Mr.S.Gopalacrishnan, Assistant Director, (Recruitment), Chief Postmaster General, Tamilnadu Circle, Chennai, present in Court submitted that impugned proceedings No.17-08/2018-SPB-I dated 11.07.2019 of the Department of Posts, Ministry of Communications, Government of India, addressed to (1) All Chief Postmasters General / Postmasters General,

(2) Chief General Manager, BD Directorate / Parcel Directorate / PLI Directorate, (3) Director, RAKNPA/GM, CEPT/Directors of all PTCs, (4) Addl. Director General, Army Postal Service, New Delhi and

(5) Managers (Finance) / Directors Postal Accounts / DDAP, has been withdrawn.

5. Statement of Mr.S.Gopalacrishnan, Assistant Director, (Recruitment), Chief Postmaster General, Tamilnadu Circle, Chennai, is endorsed by Mr.G.Karthikeyan, learned Assistant Solicitor General of India.

6. By inviting the attention of this Court to the proceedings in F.No.A-34012/02/2019-DE dated 31.05.2019 of the Department of Posts, Ministry of Communications, Government of India, Mr.G.Karthikeyan, learned Assistant Solicitor General of India, submitted that the proceedings in No.17-08/2018-SPB-I dated 10.05.2019 of the Department of Posts, Ministry of Communication, Government of India, prescribing Paper-I for examinations to various posts in Annexure A & B in Department of Posts, has also been withdrawn.

7. However, perusal of the letter dated 31.05.2019 does not indicate that letter dated 10.05.2019, has been withdrawn.

8. Proceedings dated 10.05.2019, 31.05.2019 and 11.07.2019 are extracted hereunder.

No. 17-08/2018-SPB-I Government of India Ministry of Communications Department of Posts Dak Bhawan, Sansad Marg, New Delhi-110001.

Dated- 10th May, 2019

To,

1. All Chief Postmasters General / Postmasters General

2. Chief General Manager, BD Directorate / Parcel Directorate / PLI Directorate

3. Director, RAKNPA / GM, CEPT / Directors of all PTCs

4. Addl. Director General, Army Postal Service, New Delhi

5. Managers (Finance) / Directors Postal Accounts / DDAP Subject: Revision of Syllabus and Pattern of Examinations conducted by Department of Posts for appointment to the posts of Multi Tasking Staff (MTS), Postman, Mail Guard, Postal Assistant and Sorting Assistant - regarding Sir/ Madam, I am directed to refer to letter No.60-10/2011 SPB-I dated 10.03.2011 and letter No.45-14/2012-SPB-I dated 17.01.2014 on the pattern and syllabus of examination (s) conducted for filling up of the vacnies of Multi Tasking Staff (MTS), Postman, Mail guard, Postal Assistant and Sorting Assistant. The Competent Authority has approved to revise the pattern and syllabus of the examinations as under:- (a) Annexure-A: Competitive Examination limited to Gramin Dak Sewak (GDS) for appointment as Multi Tasking Staff.

(b) Annexure-B: Competitive Examination limited to MTS and GDS for appointment as Postman and Mail Guard. (c) Annexure-C: Competitive Examination limited to Postman / Mail Guard / MTS/GDS for appointment as Postal Assistant and Sorting Assistant.

(d) Annexure-D: Competitive Examination for Director Recruitment from Open Market for the post of MTS/Postman/Mail Guard/Postal Assistant/Sorting Assistant.

2. All the examinations will be held without the aid of books.

3. The Syllabus of examination includes a component to test the knowledge of local language of a candidate. The list of local languages, Postal Circle wise is at Annexure E.

4. Revised pattern, syllabus and local language mentioned herein shall come into force from the date of issue of this communication and will be applicable to all examinations, thereafter.

5. It is requested that the revised syllabus and pattern may be brought to the notice of all concerned. Annexure-A Pattern and Syllabus of Competitive Examination limited to Gramin Dak Sewak (GDS) for Appointment as Multi Tasking Staff *************** Sl.

No.

Description Paper-I Paper-II Competitive or Qualifying Competitive Qualifying Type of Questions Multiple Choice Questions Multiple Choice Questions and Subjective Number of Questions As per syllabus As per syllabus Maximum Marks in Parts Duration 60 Minutes 60 Minutes Language of Question Paper Bilingual i.e. Hindi and English (as well as in Local Language, as published under the provisions of Recruitment Rules, where Hindi is not a local language) Language of Answer Paper Not applicable as Multiple choice Questions As per question paper Minimum Qualifying Mark (Subject to reservation policy of Government) (a) For SC/ST - 33% in each Paper (b) For OBC - 37% in each Paper (c) For Others - 40% in each Paper II. Criteria for Selection: - (a) Examination for Paper I and Paper II will be conducted in continuity in one sitting.

(b) Only such candidates who qualify in each Paper, viz. Paper I and Paper-11 separately, shall be considered for final selection and their merit shall be drawn in order of marks secured in Paper! Since Paper-11 is only qualifying, marks secured in Pnperll shall not be added to marks secured in Paper-I to decide merit.

(c) After arranging the candidates in order of merit as at (b) above, number of cancndafes to be declared successful shall be equal to the number of vacancy in each category.

(d) In the event of any vacancy notified for recruitment remains unfilled only due to non-joining of selected candidate, the next candidate in the merit list shall be considered for appointment. However, appointment of such candidate shall be only on the ground of declining offer of appointment and no wait list or approved panel shall be maintained.

III. Syllabus Paper-I (60 Minutes) Part-A Maximum marks - [30 questions of marks each] Post Office Guide Part I a) Organization of the Department b) Type of Post Offices c) Business Hours d) Payment of postage, stamps and stationery e) General rules as to packing, sealing and posting, manner of affixing postage stamps f) Methods of address g) Post boxes and Post bags h)Duties of letter Box peon 23 questions i) Official Postal articles j) Prohibited postal articles k) Products and Services:

Mails, Banking & Remittances, Insurance, Stamps and Business (Reference:

India Post Website) Postal Manual Volume V a) Definitions 7 questions

Part-B Maximum marks - [20 questions of marks each] General Awareness / Knowledge Topics to be covered (1 to 3 questions from each topic) a) Indian Geography b) Civics c) General Knowledge d) Indian culture & freedom struggle e) Ethics and morale study 10 questions Basic Arithmetic Topic to be covered (1 to 2 questions from each topic) a) BODMAS (brackets, orders, division, multiplication, addition, subtraction) b) percentage c) profit and loss d) simple interest e) Average f) Time and work g) Time and distance h) Unitary method 10 questions Paper-II (60 Minutes) Maximum marks - Translation of words from English to local language (Multiple choice question) questions of 1 mark each Translation of words from local language to English (Multiple Choice question) questions of 1 mark each Letter writing in local language in 40 to 50 words (1 question to be attempted out of options) 10 marks Paragraph / short essay in local language of 40 to 50 words (1 question to be attempted out of options) 10 marks

Annexure - B Pattern and Syllabus for Appointment as Postman and Mail Guard through Competitive Examination limited to MTS and GDS *************** I Pattern of Examination:

Sl.

No.

Description Paper-I Paper-II PaperIII Competitive or Qualifying Competiti ve Qualifyin g Qualif ying Type of Questions Multiple Choice Questions Multiple Choice Questions and Subjectiv e On comput er Number of Questions As per syllabus As per syllabus Maximum Marks 150 in 2 Parts Duration Minutes Minutes minute s Language of Question Paper Bilingual i.e.

Sl.

No.

Description Paper-I Paper-II PaperIII Minimum Qualifying Mark (Subject to reservation policy of Government) (a) For SC/ST - 33% in each Paper (b) For OBC - 37% in each Paper (c) For Others - 40% in each Paper II. Criteria for Selection a) Examination for Paper I and Paper II will be conducted in continuity in one sitting. Thereafter, Paper III, i.e. Data Entry Skill Test (DEST), will be conducted separately on the same day.

b) Only such candidates wtio qualify in each Paper, viz. Paper-I, Paper-II and Paper-III, shall be considered for Final selection and their merit shall be drawn in order of marks secured in Paper-I. Since Paper-II and Paper-III are only qualifying, marks secured in Paper-II and Paper-III shall not be added to marks secured in Paper-I to decide merit.

c) After arranging the candidates in order of merit as at (b) above, number of candidates to be declared successful shall be equal to the number of vacancy in each category.

(d) In the event, of any vacancy notified for recruitment remains unfilled only due to non-joining of selected candidate, the next candidate in the merit list shall be considered for appointment. However, appointment of such candidate shall be only on the ground of refusal of promotion / declining offer of appointment and no wait list or approved panel shall be maintained.

III. Syllabus

Paper-I (90 Minutes) Part- A Maximum marks - [50 questio ns of 2 marks) Post Office Guide Part I a) Organization of the Department b) Type of Post Offices c) Business Hours d) Payment of postage, stamps and stationery question s e) General rules as to packing, sealing and posting, manner of affixing postage stamps f) Methods of address g) Post boxes and Post bags h) Delivery of mails i) Refusal of article j) Payment of eMoney Order k) Redirection l) Instruction regarding address change m) Articles addressed to deceased person n) Liability to detention to certain mails o) Facilities provided by Postmen in rural areas p) Products and Services: Mails, Banking & Remittances, Insurance, Stamps and Business (Reference: India Post Website) Official Postal Articles q) Prohibited articles Postal Manual Volume V a) Definitions - Head, Sub and Branch Office, Mail Bag, face and Facing, Beat, Champ Correspondence, Late letters and too late letters, Mis-sent and Mis-directed articles question s Postal Manual Volume VI - Part III a) Head Postman b) Knowledge of Postal Business c) Supply of forms to be carried out d) Sale of stamps e) Postman's Book f) Address to be noted on Postal Articles g) Damages articles to be noticed h) Receipts for articles issued for delivery i) Book of receipts for intimation and notices delivery j) Instruction for delivery k) Realization of postage before delivery l) Receipts of addresses for registered m) Delivery to illiterate addressees, Pardanashin women n) Delivery of insured articles addressed to minors o) Payment of e-Money Orders p) e-Money Orders addressed to minors q) Payment of e-MO and delivery of registered letters to lunatics r) Duties of Village Postman question s

Paper-I (90 Minutes) Postal Manual Vol.VII.

1.Stamps and Seals 2.Portfolio and its contents 3.Stationary 4.Preparation of daily report 5.Mail Abstract.

6.Exchange of Mails 7.Cage TB 8.Disposal of Mails addressed to a section or a mail office.

9.Closing of transit bags 10.Duties and responsibilities of Mail Guard/Agent.

11.Final duties before quitting Van or office.

12.'A' order and 'B'order.

- B Maximu m marks - 50 [25 questi ons of marks each) question s General Awareness / Knowledge Topics to be covered (1 to 3 questions from each topic) a) Indian Geography b) Civics c) General Knowledge d) Indian culture & freedom struggle e) Ethics and morale study Basic Arithmetic Topic to be covered (1 to 2 questions from each topic question s a) BODMAS (brackets, orders, division, multiplication, addition, subtraction) b) percentage c) profit and loss d) simple interest e) Average f) Time and work g) Time and distance h) Unitary method

Paper-II (60 Minutes) Maximu m marks - 50 Translation of words from English to local language (Multiple choice question) question s of 1 mark each Translation of words from local language to English (Multiple Choice question) question s of 1 mark each Letter writing in local language in 40 to 50 words (1 question to be attempted out of 3 options) 10 marks Paragraph / short essay in local language of 40 to 50 words (1 question to be attempted out of 3 options) 10 marks Paper-III (15 Minutes) Maximum marks - 25 [Data Entry Skill Test (DEST)] Skill test of data entry for 15 minutes on computer on the same day.

[Data entry of 1000 key depressions (+5%)] 25 marks Annexure-C Pattern and Syllabus of Competitive Examination limited to Postman/Mail Guard / MTs / GDS for Appointment as Postal Assistant and Sorting Assistant *************** I Pattern of Examination:

Sl.

No.

Description Paper-I Paper-II Paper-III Competitive or Qualifying Competiti ve Qualifyin g Qualifying

Sl.

No.

Description Paper-I Paper-II Paper-III Type of Questions Multiple Choice Questions Multiple Choice Questions and Subjectiv e On computer Number of Questions As per syllabus As per syllabus Maximum Marks 100 in 2 Parts Duration Minutes Minutes 15 minutes Language of Question Paper Bilingual i.e.

Hindi and English (as well as in Local Language, as published under the provisions of Recruitment Rules, where Hindi is not a local language) Language of Answer Paper Not applicabl e as Multiple choice Questions As per question paper Minimum Qualifying Mark (Subject to reservation policy of Government) (a) For SC/ST - 33% in each Paper (b) For OBC - 37% in each Paper (c) For Others - 40% in each Paper II. Criteria for Selection:

a) Examination for Paper I and Paper II will be conducted in continuity in one sitting. Thereafter, Paper III, i.e. Data Entry Skill Test (DEST), will be conducted separately on the same day.

Paper-II and Paper-III are only qualifying, marks secured in Paper-II and Paper-III shall not be added to marks secured in Paper-I to decide merit.

c) After arranging the candidates in order of merit as at (b) above, number of candidates to be declared successful shall be equal to the number of vacancy in each category.

III. Syllabus for Postal Assistant / Sorting Assistant Limited Departmental Competitive Examination: Paper-I (120 Minutes) Part-A Maximum marks - [50 question s of 1 mark each] Post Office Guide Part I (except Telegraphic Money Order) 10 questions Post Office Guide Part II (except British and Irish Postal Order) 10 questions Basic terminologies related to IT Modernisation project of Department of Posts 10 questions Products and Services: Mails, banking & remittances, insurance, stamps and business (Reference: Indian Post Website) 10 questions a) Postal Manual Volume VI- Part I 5 questions b) Postal Manual Volume VI - Part III (Chapter I and II) c) Updated SB Orders issued by Directorate till 31st December of the preceding year in which exam is being conducted a) Postal Manual Volume VII b) Foreign Post Manual 5 questions

Part-B Maximum marks - [50 questions of 1 mark each] General Awareness / Knowledge Topics to be covered (1 to 3 questions from each topic) a) Indian Geography b) Civics c) General Knowledge d) Indian culture & freedom struggle e) Ethics and morale study 10 questions Basic Arithmetic Topic to be covered (1 to 2 questions from each topic) a) BODMAS (brackets, orders, division, multiplication, addition, subtraction) b) percentage c) profit and loss d) simple interest e) Average f) Time and work g) Time and distance h) Unitary method 20 questions Reasoning and Analytical Ability (Non Verbal / Pictorial) 20 questions Paper-II (45 Minutes) Maximum marks - Translation from English to local language (Multiple choice question) (10 English words closest meanings in local language to be identified) 15 questions of 1 mark each Translation from local language to English Multiple Choice questions (10 local language words closest meaning in English words to be identified.

15 questions of 1 mark each Letter writing in local language (1 to be attempted out of 3 options) 10 marks Paragraph / short essay in local language of 80 to 100 words (1 to be attempted out of 3 options) 10 marks

Annexure D Pattern and Syllabus for Direct Recruitment from Open Market *************** I Pattern of Examination:

Sl.

No.

Description Paper-I Paper-II PaperIII Competitive or Qualifying Competiti ve Qualifyin g Qualif ying Type of Questions Multiple Choice Questions Subjectiv e On comput er Number of Questions As per syllabus As per syllabus Maximum Marks Duration Minutes Minutes minute s Language of Question Paper Bilingual i.e.

b) Candidates will be shortlisted on the basis of performance in Paper I for appearing in Paper II and Paper III. Depending upon the number of vacancies, number of candidates to be shortlisted will be between 3 to 5 times the number of vacancies.

c) Only such candidates who qualify in Paper I, Paper II and Paper III separately shall be considered for final selection and their merit shall be drawn in order of marks secured in Paper-I only since Paper II and Paper III are only qualifying in nature.

d) The final number of selected candidates shall be equal to the number of vacancy in each category.

e) In the event of any vacancy notified for recruitment remains unfilled only due to non-joining of selected candidate, the next candidate in the merit list in the same category shall be considered for appointment. However, appointment of such candidate shall be only on the ground of declining offer of appointment and no wait list or approved panel shall be maintained. III. Syllabus PAPER-I (90 Minutes) (Maximum marks-100) General Awareness / Knowledge Topics to be covered (4 to 8 questions from each topic) a) Indian Geography b) Civics c) General Knowledge d) Indian culture & freedom struggle e) Ethics and morale study questions B.

Basic Arithmetic Topic to be covered (4 to 8 questions from each topic) a) BODMAS (brackets, orders, division, multiplication, addition, subtraction) b) percentage c) profit and loss d) simple interest e) Average f) Time and work g) Time and distance h) Unitary method questions C.

PAPER-II (45 Minutes) (Maximum marks - 60) Translation from English to local language Translation from English to local language Translation from local language to English Translation from local language to English Letter writing in local language (1 to be attempted out of 3 options) Letter writing in local language (1 to be attempted out of options) Paragraph / short essay in local language of 80 to 100 words (1 to be attempted out of 3 options) Paragraph / short essay in local language of 80 to 100 words (1 to be attempted out of options) PAPER-III (20 Minutes) (Maximum marks - 40) Skill test of data entry for 20 minutes on computer on the same day.

[Data entry of 2000 key depressions (+-5%) 40 marks Annexure - E Local Language of State / Union Territory for appointment to the posts of Multi Tasking Staff (MTS), Postman, Mail Guard, Postal Assistant and Sorting Assistant ******* S.N o.

Name of Postal Circle Geographical area of State / UT covered under the Postal Circle Local language of Postal Divisions falling under State / UT Andhra Pradesh Andhra Pradesh and Yanam district of Puducherry Telegu

S.N o.

Name of Postal Circle Geographical area of State / UT covered under the Postal Circle Local language of Postal Divisions falling under State / UT Assam Assam (excluding Three Districts of Barak Valley and Bodoland Territorial Council Areas) Assamese Three Districts of Barak Valley Bengali Bodoland Territorial Council Areas Bodo Bihar Bihar Hindi Chhattisgarh Chhattisgarh Hindi Delhi Delhi Hindi Gujarat Gujarat Gujarati Dadra and Nagar Haveli Daman and Diu Haryana Haryana Hindi Himachal Pradesh Himachal Pradesh Hindi Jammu and Kashmir Jammu and Kashmir Urdu Jharkhand Jharkhand Hindi Karnataka Karnataka Kannada Kerala Kerala, Lakshadweep and Mahe district of Puducherry Malayalam Madhya Pradesh Madhya Pradesh Hindi

S.N o.

Name of Postal Circle Geographical area of State / UT covered under the Postal Circle Local language of Postal Divisions falling under State / UT Maharashtra Maharashtra Marathi Goa Konkani North-East Arunachal Pradesh Hindi / English Manipur Manipuri Meghalaya Hindi / English Mizoram Mizo Nagaland Hindi / English Tripura Bengali Orissa Odisha Odia Punjab Punjab Punjabi Chandigarh Hindi / English Rajasthan Rajasthan Hindi Tamil Nadu Tamil Nadu Tamil Puducherry (excluding Mahe and Yanam district) Tamil Telegana Telangana Telugu Uttar Pradesh Uttar Pradesh Hindi Uttarakhand Uttarakhand Hindi West Bengal West Bengal Bengali Sikkim Nepali Andaman and Nicobar Islands Hindi / English

F. No. A-34012/02/2019-DE Government of India Ministry of Communications Department of Posts (DE Section) Dak Bhawan, Sansad Marg, New Delhi - 110 001 Dated: 31st May, 2019 To, All Heads of Circles Subject: Competitive Examination limited to GDSs for the post of Postal Assistants/Sorting Assistants for unfilled vacancies upto 31.12.2018-regarding. Madam/ Sir, I am directed to forward herewith a copy of "Model Notification" for issuance of the same before 04.06.2019 by incorporating the relevant entries at Circle level Enabling smooth conduct of the afore said examination.

2. Other instructions regarding setting of question papers and necessary guidelines will he issued separately.

3. This may also be brought to the notice of all concerned.

4. This issues with the approval of the Competent Authority.

Yours faithfully, Sd/- (M.L.Dhar) Assistant Director General (DE) Encl: As referred to.

MODEL NOTIFICATION F. No..............

Government of India Ministry of Communications Department of Posts Office of Chief Postmaster General ........ Circle ............(Address) Sub:

Conducting of Limited Competitive Examination from Gramin Dak Sevaks (GDSs) for recruitment to the cadre of Postal Assistants / Sorting Assistants for the vacancy years 2015-16, 2016-17, 2017-18 & 2018 (01.04.2018 to 31.12.18).

The Limited Competitive Examination will be held on 14th of July, 2019 (Sunday) for recruitment of Postal Assistants / Sorting Assistants from Gramin Dak Sevaks (GDSs) for infilled vacancies of LDCE for promotion from Postman / Mail Guard and MTS to the cadre of Postal Assistants / Sorting Assistants for the vacancy years 2015-16, 2016-17, 2017-18 & 2018 to 31.12.18). Accordingly, applications are invited from the willing and eligible 3DSs in the format enclosed (Annexure-I). The schedule of activities of the examination is furnished hereunder: S.No .

Activity Proposed Date (Schedule) Date of notification 04.06.2019 Last date for receipt of Application form at Divisional Office/Controlling Unit from eligible candidates 17.06.2019 Receipt of duly filled in Application forms at the Regional Office to be sent by Divisional Office/Controlling Unit duly verified.

20.06.2019 Receipt of duly filled in Application forms at the Circle Office (Nodal Officer) to be sent by RO duly verified.

26.06.2019 Issue of Admit Card by CO/RO/DO to eligible candidates 05.07.2019 Date of Examination (date & time ) 14lh July, 2019 * *Exam will commence exactly at 10:00 AM in all the Circles.

2. Vacancies: Number of vacancies available under Recruiting Division / Unit - wise, year wise is furnished in Annexure-ll.

3. Eligibility Criteria: - As per the Recruitment Rules notified in GSR 411 (E) dated 21.05.2015, the following conditions are to be fulfilled:

(i) Educational Qualification: 10 + 2 standard or 12th class pass from a recognized University / Board.

(ii) Age: Should be within 30 years of age (relaxable for different categories as notified by the Government of India from time to time) (iii) Service eligibility: Must have put in a minimum service of five years as on the Is* day of April of the year to

which the vacancy(ies) pertain to.

4. Pattern & Syllabus of Examination:The examination will be conducted as per the revised pattern and syllabus circulated by Directorate vide letter No. 17-08/2018-SPB-I dated under Annexure -C. Details of Pattern and Syllabus are furnished in Annexure-III.

Note:

(i) The medium for 'Skill test of data entry' will be ENGLISH only.

(ii) Skill test of data entry will be held on computer for 15 minutes only.

(iii) Evaluation of Skill test of data entry will be done as per instructions given in Annexure-IV

5. Centres of Examination: The examination will be conducted at all Circle Headquarters/Region only. The candidates will have to appear from the respective centres of their Circle only and under no circumstances, they be permitted to appear from other Circle Centres.

6. This notification may be given wide publicity amongst all GDSs working in Divisions/Units.

This issues with the approval of the Competent Authority. (Signature with Designation of the issuing officer of the Circle) Enclosures: - Annexures-1, II, III & IV.

Copy to:- Annexure-I APPLICATION FORM FOR COMPETITIVE EXAMINATION FROM GRAMIN DAK SEWAKS TO POSTAL ASSISTANTS/SORTING ASSISTANTS FOR UNFILLED VACANCIES UPTO 31.12.2018. i.e. 2015-16. 201617. 2017-18 & 2018 (01.04.201831.12.2018). Affix recent passport sized photograph duly attested by Division Head / Unit Head Note: All Particulars shall be filled up in BLOCK letter.

SI.

No Particulars Detail(s) NAME OF THE CANDIDATE MALE/FEMALE CATEGORY (BPM/ABPM/DAK-SEVAK) DATE OF BIRTH (Attach self-attested Matriculation certificate/marks sheet) COMMUNITY (UR/SC/ST) EDUCATIONAL QUALIFICATION (Attach self -attested copies of Marks sheet) OFFICE WHERE PRESENTALY ATTACHED DATE FROM WHICH CONTINUING IN GDS ENGAGEMENT LENGTH OF ENGAGEMENT RENDERED AS GDS AS ON Ist APRIL OF CONCERNED VACANCY YEAR (DD/MM/YY) 01.04.2015 -// 01.04.2016-// 01.04.2017-// 01.04.2018-// 10 WHETHER ANY PENALTY PENDING OR CONTEMPLATED (YES/NO) If yes, details thereof.

DECLARATION:

I hereby declare that the particulars furnished in the application form are true, complete and correct to the best of my knowledge and belief and will be supported by the original documents as and when required. I fully understand that in case of False/Incorrect information found at any stage, my candidature/appointment will be summarily rejected/terminated appropriate action would be taken against me.

DATE PLACE Signature of Candidate

I certify that I have verified the particulars of candidate from service record and found correct. DATE PLACE Signature of Candidate Annexure-II Tentative number of unfilled vacancies, year - wise for Competitve Examination from GDSs to the cadre of PAs/SAs for the vacancy year upto 31.12.2018 S.No.

Name of Division /Unit 2015-16 20162017-18 (01.04.2018 to 31.12.2018) UR SC ST U R S S T UR SC ST UR SC ST No. 17-08/2018-SPB-I Government of India Ministry of Communications Department of Posts Dak Bhawan, Sansad Marg, New Delhi-110001.

Dated- 11th July, 2019 To,

1. All Chief Postmasters General / Postmasters General

2. Chief General Manager, BD Directorate / Parcel Directorate / PLI Directorate

3. Director, RAKNPA / GM, CEPT / Directors of all PTCs

4. Addl. Director General, Army Postal Service, New Delhi

Mail Guard, Postal Assistant and Sorting Assistant - regarding Sir/ Madam, I am directed to refer to this office's letter of even number dated 10.05.2019, read with modifications thereof on the above mentioned subject and to say that the Competent Authority has approved further modifications in Part- I, Sr. No. 6 of Annexure- A, Annexure-B, Annexure-C and Annexure-D of the letter dated 10.05.2019 as specified below:- Existing Provision for Paper I Revised Provision for Paper I Bilingual, i.e. Hindi and English (as well as in Local Language, as published under the provisions of Recruitment Rules, where Hindi is not a local language Bilingual i.e. Hindi and English Existing Provision for Paper II Revised Provision for Paper II Bilingual, i.e. Hindi and English (as well as in Local Language, as published under the provisions of Recruitment Rules, where Hindi is not a local language) English to Local Language (as defined in Annexure E of letter of even number dated 10.05.2019) and vice versa

2. The provisions of Paper II in respect of North East Circle will be governed by this office letter of even number dated 28.06.2019.

3. Letter of even number dated 10.05.2019 stands modified to the extent stated above. This will be retrospectively effective from 10.5.2019.

Yours faithfully Sd/- (Muthuraman C) Assistant Director General (SPN)

9. In the short reply filed by the Assistant Director, (Recruitment), O/o.Chief Postmaster General,

Tamilnadu Circle, Chennai, at paragraph No.6, it is stated that due to administrative reasons, the competent authority has decided to cancel the following examinations along with the notification till further orders.

(i) Common examination (LDCE for promotion to Postal Assistants of other wings i.e. MMS, Foreign Post, RLO and CO/RO and LDCE for promotion to PA/SA Examination from Postman / Main Guard & MTS, Scheduled to be held on 11.08.2019.

(ii). LDCE for the post of Postman / Mail Guard, Scheduled to be held on 25.08.2019.

10. It is further stated that revision of syllabus and pattern of examination to be conducted by Department of Posts for various examinations will be considered by the competent authority.

11. Short reply filed by the Assistant Director, (Recruitment), O/o.Chief Postmaster General, Tamilnadu Circle, Chennai, is not very specific about the recruitment to be made for the post in Annexure-D, by direct recruitment.

12. Respondents are directed to explain as to the administrative reasons, which compelled them to cancel the examinations stated supra and also furnish an answer to paragraph No.9 of our order dated 18.07.2019. Respondents are further directed to produce the proceedings withdrawing the notifications dated 11.07.2019 as well as 10.05.2019.

13. Post on 05.08.2019."

2. Though the matter was directed to be listed on 5/8/2019, yesterday, Mr.G.Karthikeyan, learned Assistant Solicitor General of India submitted that the examination pattern for Paper - I, as published, vide, Letter, dated 10/5/2019, is revived. Accordingly, we recorded the same and directed the Registry to post the writ petition, on 30/7/2019, in the motion list. Thus, it is listed today.

3. Letter, dated 23rd July 2019, of the Assistant Director General (SPN) Department of Posts, Ministry of Communications, Department of Posts, New Delhi, addressed to (1). All the Chief Post Masters General/Postmasters General; (2). Chief General Manager, BD Directorate/Parcel Directorate/PLI Directorate; (3). Director, RAKNPA/GM,CEPT/Directors of all PTCs; (4). Additional Director General, Army Postal Service, New Delhi and (5). General Managers (Finance)/Directors Postal Accounts/DDAP, reads thus:-

No.17-08/2018-SPB-I Government of India Ministry of Communications Department of Posts Dak Bhawan, Sansad Marg New Delhi 110 001.

Dated: 23rd July, 2019 To

1. All the Chief Post Masters General/Postmasters General;

2. Chief General Manager, BD Directorate/Parcel Directorate/PLI Directorate;

3. Director, RAKNPA/GM,CEPT/Directors of all PTCs;

4. Additional Director General, Army Postal Service, New Delhi

5. General Managers (Finance)/Directors Postal Accounts/DDAP, Subject: Revision of Syllabus and Pattern of Examinations conducted by Department of Posts for appointment to the posts of Multi Tasking Staff (MTS), Postman, Mail Guard, Postal Assistant and Sorting Assistant - regarding Sir/Madam, I am directed to refer to letter of even no. dated 11/7/2019 on the above mentioned subject. It has not been decided that the examination for Paper - I will now be conducted as under:- Paper - I English, Hindi and respective local language, where Hindi is not a local language, as published vide letter of even number dated 10/5/2019.

Yours faithfully (Muthuraman.C) Assistant Director General (SPN)

4. In the instant writ petition, petitioner has sought, to quash Circular, dated 11/7/2019, in respect of examination, for appointment to the posts of Multi Tasking Staff (MTS), Postman, Mail Guard, Postal Assistant and Sorting Assistant. Petitioner has also sought for a further direction to the respondents, to permit the petitioner, to write the said examinations, in the original/local languages, as contemplated, under Circular, dated 10/5/2019, of the Assistant Director General, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi, second respondent.

5. Earlier in our order, dated 23/7/2019, we recorded the submission of Mr.G.Karthikeyan, learned Assistant Solicitor General of India, that Notification, dated 11/7/2019 has been withdrawn.

Today, vide, Notification, dated 23/7/2019,

respondents have specifically stated that examination of Paper - I would be conducted as hereunder:- Paper - I English, Hindi and respective local language, where Hindi is not a local language, as published vide letter of even number dated 10/5/2019.

6. In the light of withdrawal of the Notification, dated 11/7/2019 and the Notification, dated 23/7/2019, stating that in Paper - I Hindi is not a local language, examination would be conducted, vide, letter, dated 10/5/2019, no further orders are required to be passed in this writ petition. Accordingly, writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Joint Registrar(J) //True Copy// Sub Assistant Registrar mvs To:

1. The Secretary, Union of India Ministry of Communications, Department of Posts, Dak Bhawan, Sansad Marg New Delhi 110 001.

2. The Assistant Director General Department of Posts Dak Bhawan, Sansad Marg, New Delhi 110 001.

3. The Postal Service Board rep. By its Chairperson Postal Directorate Dak Bhawan, Sansad Marg New Delhi 110 001.

4. The Chief Post Master General Tamil Nadu Circle Anna Salai, Chennai.

+2ccs to M/s.P.Wilson Associates, Advocate, S.R.No.64957 +1cc to Mr.G.Karthikeyan, ASG, Advocate, S.R.No.64972 Writ Petition No.21738 of 2019 PM(CO) RRS(01/08/2019)