RANCHI, India, Dec. 26 -- Jharkhand High Court issued the following order on Nov. 26:

1. Heard both sides.

2. Aggrieved by the dismissal of the Original Application being O.A.051/00122/2015(R) by the Central Administrative Tribunal, Patna Bench, Patna, vide order dated 5th February, 2016, the petitioner has filed the instant writ petition.

3. The petitioner had filed the Original Application praying therein, inter alia, for grant of following reliefs: "[8.a] For Issuance of a direction upon the concerned respondent authorities to issue an order of transfer and posting of the applicant in the Cadre of Inspector of Posts. [8.b] For issuance of an order of direction which seems just and equitable in the facts and circumstances of the case. 8.c] For issuance to quash the letter No.B.227 dated 05.08.2015."

4. The petitioner was an employee of the Department of Posts and had qualified in the Limited Departmental Competitive Examination (LDCE), 2014 held from 22-23.11.2014 for promotion to the cadre of Inspector of Posts.

(i) The petitioner secured 3rd rank among the 07 candidates who were declared successful against the 07 vacancies that were available.

(ii) However, notwithstanding the above, the respondents issued orders for posting of only 06 candidates to the cadre of Inspector of Posts, leaving aside the petitioner.

(iii) Aggrieved by his omission, the petitioner submitted a representation dated 02.06.2015. However, the same did not evoke any response.

(iv) The petitioner learnt that he had been excluded on grounds that he has not passed the examination in four attempts as is prescribed in applicable rules/guidelines and urged before the learned Tribunal that although he had filled up the form five times, however, he had actually appeared only on four occasions i.e. in the years 2007, 2009, 2013 and 2014.

(v) In 2008, the petitioner filled up the form but did not appear on account of medical reasons. While in the remaining years, he though had appeared but was not successful and had succeeded only in the last examination held in 2014.

(vi) It was further contended that it was the respondents who had duly accepted the application form for the year 2014 and allowed the petitioner to appear in the examination which he had successfully passed and in such circumstances, the respondents had no authority whatsoever to deny the promotion to the petitioner.

5. The sole question before the learned Tribunal was whether the petitioner had qualified the examination in the 4th or the 5th attempt. The learned Tribunal after relying upon the rules and after considering the documents on record came to a categorical conclusion that the petitioner in fact had already participated in the four earlier LDCEs in 2007, 2008, 2009 and 2013 and had not been granted any exemption on medical grounds from appearing in LDCE in 2008 and further claim of the petitioner to grant an exemption from appearing in the LDCE in 2008 could not be substantiated and instead, the documents on record indicated that no formal exemption was granted and therefore, he had qualified the examination in the 5th attempt.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=7yg5D%2FmJmLJFbv9l4Wl3vcvlw4x161ydMIE0aUOEt9k%2FwIwhFjMld6%2FHQYgBCiJB&caseno=WPC/3331/2016&cCode=1&cino=JHHC010104252016&state_code=7&appFlag=)

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