Judgment:
By Hon'ble Mr. George Paracken, Judicial Member –
The applicant is a Postman under the second respondent, namely, the Superintendent of Post Offices, Thiruvananthapuram South Postal Division, Thiruvananthapuram. According to him, he is a chronic cardiac patient and the medical authorities have advised him to avoid heavy duties. He has also produced the Annexure A1 details of the medical prescriptions and the Annexure A2 medical certificate stating that he was suffering from Hernia, Pulmonary Tuberculosis and Chronic Obstructive Pulmonary disease with the advice to perform only light duty. Accordingly, he made Annexure A-3 representation dated 20.2.2008, Annexure A-4 representation dated 25.7.2008 and Annexure A-5 representation dated 7.2.2009. In his Annexure A-5 representation he has pointed out that a post of Mail Overseer in Neyyanttinkara Postal Sub Division is likely to fall vacant shortly. However, the respondents have not considered any of those representations.
2. In this OA, he has pointed out that the vacancy of Mail Overseer at Neyyanttinkara Postal Sub Division is arising on 31.10.2009 due to the superannuation of Smt. Valsala Kumari, the present incumbent. He has, therefore, made another representation to the second respondent to appoint him against that post but the same has not been considered so far. The applicant has fairly submitted that normally the senior most eligible and willing Postman is posted as Mail Overseer but on medical grounds etc. postings are given to junior hands also as in the case of one Shri Sivankutty who is junior to him who has been posted as Sorting Postman at Kowdiar Post Office. Accordingly he was also entitled to be considered for similar treatment and appointed as Mail Overseer against the aforesaid forthcoming vacancy at Neyyattinkara Postal Sub Division. Instead, the respondents have notified the said post without considering his request.
3. The learned counsel for the applicant has also submitted that another vacancy of Cash Overseer is likely to arise on 31st August, 2010 on superannuation of the incumbent of that post and the respondents can consider him against that post.
4. The learned counsel for the respondents has submitted on instructions from the Department that there are 10 persons including the applicant who have applied for the post of Mail Overseer at Neyyanttinkara Postal Sub Division and 8 of them are senior to him. Generally, the appointment is given to the senior most willing person. He has also submitted that the post of Mail Overseer requires extensive traveling for inspections and visits to various Branch Offices in the Sub division and for canvassing various types of business like Rural Postal Life Insurance and Postal Life Insurance. Hence, the applicant's purpose for working on a light duty post will not be served by his appointment to the aforesaid post.
5. We have heard the counsel for the parties. When an employee makes a representation, the respondent Department is expected to consider and convey its decision to him. It is seen from the record that applicant has been making representation after representation but no response was forth coming from the respondents. We, therefore, direct the second respondent, namely, the Superintendent of Post Offices, Thiruvananthapuram South Postal Division, Thiruvananthapuram to consider the representation made by the applicant and take appropriate decision in public interest and convey the same to the applicant at the earliest and till such time the post of Mail Overseer at Neyyanttinkara Postal Sub Division shall not be filled up, if no one else is already posted.
6. With the above direction this OA is disposed of. There shall be no order as to costs.