Through Video Conferencing:

Heard Sri B. Gurudas, learned counsel for the applicant.

2. ADMIT.  Smt. K. Rajitha, learned Senior Standing Counsel took notice on behalf of the respondents and advanced her arguments.  

3.  In pursuance of the notification dated 9.9.2019, the applicant appeared in the Limited Departmental Competitive Examination (LDCE) for promotion to the cadre of Inspector of Posts.  He was selected vide results announced by the respondents on 24.6.2020.  Later, on 29.6.2020, the Postal Directorate issued a direction not to relieve the applicant to join the promotional post.  The applicant contends that similarly placed 31 candidates were allowed to join in Orissa Postal Circle.  Besides, the respondents have revised the Key 3 times.  As per the settled law, those who have been selected should not be denied promotion based on the revision of Key.  In fact, respondents have followed this law in respect of promoting officers, who appeared in LDCE for promotion to the cadre of Postal Service Group 'B' as well as Inspector of Posts by letters dated 8.1.2013, 22.11.2013 & 25.11.2013.  The applicant also contends that his case is covered by letter dated 8.2.1982 of DOPT. 

4. Learned Senior Standing Counsel did not submit standing instructions though granted 2 days time to do so as prayed for. However, ld. respondent council submits that she has been informally informed that the posts have been filled up which will be verified on submission of written reply, with reference to the date of filing of the OA.

5.  In view of the above, we find that the applicant has made out a prima facie case and in order to ensure that there is no irreparable injury caused to the cause of the applicant, the respondents are directed to keep one post of Inspector of Posts unfilled in pursuance of the notification dated 9.9.2019 or a subsequent immediate vacancy, till the O.A. is heard and disposed of.

6.  Respondents are granted four weeks time to file reply.  List the matter on 28.01.2021 before Registrar's Court for completion of pleadings.