CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD | |||||||||||
| Order Sheet | |||||||||||
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Item No: 11 O.A./286/2017 [ COMPASSIONATE APPOINTMENT ] Court No.: 1 |
No of Adjournment:
2 Dated: 12/07/2017 | ||||||||||
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SANGITABEN DHARMENDRASINH CHAVDA Vs D/O POST | |||||||||||
| A D Vankar | |||||||||||
| Roopal R.Patel | |||||||||||
DAILY ORDER | |||||||||||
Shri A.D.Vankar, learned counsel for the applicant has sent a leave note. On perusal of the pleadings and the documents annexed thereto, I find that the grievance of the applicant in this OA against the respondents is as to rejection of his claim for appointment on compassionate ground. Ms. Roopal Patel, learned counsel for the respondents points out that the claim of the applicant for appointment on compassionate ground came to be rejected on the ground that the applicant does not possess prescribed Educational Qualification i.e. possession of 'Secondary School Examination pass certificate'. Referring to Annexure A-2, she points out that the applicant's case was not considered on account of the fact that he is failed in Standard X. She produces a copy of the letter dated 05-2-2015 and points out that the Educational Qualification prescribed is as under : "Educational Qualification : (i) 'Secondary School Examination pass certificate' of 10th Standard concacted by any recognised board of school education in India shall be a mandatory educational qualification for all approved categories of Gramin Dak Sevaks referred to in Rule 3(d) of the GDS (Conduct and Engagement) rules, 2011 as amended from time to time." The contention of the applicant is that paragraph 6 of the Scheme dated 14-12-2010 vide Annexure A-7 specifically provides that in hard and deserving case requiring relaxation of educational qualification, the engagement may be offered in other categories of GDS, subject to the condition that the incumbent can satisfactorily discharge the duties assigned. According to the applicant that in view of the specific stipulation at para 6 of the Scheme dated 14-12-2010, the reason assigned by the respondents for rejecting his claim is not sustainable in the eyes of law. Therefore, Ms. Roopal Patel is directed to examine the fact that whether the Scheme dated 14-12-2010 which provides relaxation of education qualification in hard and deserving case, stands modified or the same remains in force. Post the matter on 14-7-2017 so as to enable Ms. Roopal Patel to secure information and to make her submission.
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| M. Nagarajan Member (J) |
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