Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, OA NO.180/00159/2017 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM PETITIONERS/APPLICANTS 1, 5 & 6 IN OA: 1 JITHESH KUMAR A.P AGED 34 YEARS S/O. A.P. KRISHNAN, GDS BPM, ERAVIMANGALAM - 679340, MANJERI DIVISION, DEPARTMENT OF POSTS, RESIDING AT ALIKKAL PARAMBIL HOUSE, CHERUKARA (P.O), PERINTHALMANNA, MALAPPURAM - 679340. 2 AMBILY PAULOSE
AGED 36 YEARS D/O.V.J.PAULOSE, GDSMD, KIZHAKOMBY, B.O, (NOW PROMOTED AS POSTMAN, PIRAVAM POST OFFICE), - 686664, ALUVA DIVISION, DEPARTMENT OF POSTS, RESIDING AT VADAKKEDATH HOUSE, KIZHAKOMBU (P.O), KOOTHATTUKULAM - 686662.
3 PRASANTH M AGED 32 YEARS S/O. MURUKESAN C., GDSMD, KATTACHIRA B.O, KIDANGOOR S.O, PIN - 686572, KOTTAYAM DIVISION, DEPARTMENT OF POSTS, RESIDING AT KURUKAVILASAM HOUSE, PUNNATHARA (P.O), KOTTAYAM - 686583. BY ADVS. P.K.MADHUSOODANAN SRI.P.M.BINOY KRISHNA ..2.. RESPONDENTS/RESPONDENTS 1-7 AND APPLICANTS 2-4 IN OA: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATIONS, GOVERNMENT OF INDIA, NEW DELHI - 110001.
2 THE CHIEF POST MASTER GENERAL KERALA CIRCLE, TRIVANDRUM - 695033. 3 THE SUPERINTENDENT OF POST OFFICES MANJERI POSTAL DIVISION, MANJERI - 676121. 4 THE SUPERINTENDENT OF POST OFFICES IRINJALAKUDA POSTAL DIVISION, IRINJALAKUDA - 680121. 5 THE SUPERINTENDENT OF POST OFFICES VADAKARA POSTAL DIVISION, VADAKARA - 673101. 6 THE SUPERINTENDENT OF POST OFFICES ALUVA POSTAL DIVISION, ALUVA - 683101. 7 THE SUPERINTENDENT OF POST OFFICES, KOTTAYAM POSTAL DIVISION, KOTTAYAM - 686001.
8 VEENA K.T AGED 30 YEARS D/O. VASUDEVAN K.T, GDSMP, MUNDUPARAMBA S.O, MANJERI DIVISION, DEPARTMENT OF POSTS, RESIDING AT KARUTHODIYIL HOUSE, MUNDUPARAMBA P.O, MALAPPURAM - 686509. 9 SOUMYA JOSEPH C. AGED 34 YEARS W/O. SINTO M.A, GDSMD, NADUVARAMBA P.O, IRINJALAKUDA DIVISION, DEPARTMENT OF POSTS, RESIDING AT MALIYEKKAL HOUSE, VELLANGALLUR P.O, KALPRAMBA, THRISSUR - 680662. ..3.. 10 SHIJI KANJIRAMULLATHIL AGED 34 YEARS D/O.CHATHU, GDSMC, PASUKKADAVU B.O, VADAKARA DIVISION, DEPARTMENT OF POSTS, RESIDING AT KANJIRAMULLATHIL HOUSE, CHAPPANTHOTTAM P.O, KAVILUMPARA (VIA), KOZHIKODE - 673513. BY S.KRISHNA, CGC THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..4..
JUDGMENT
A. MUHAMED MUSTAQUE, J.
The petitioners are Gramin Dak Sevaks (GDS), who appeared for the examination notified for the post of Postal Assistant pursuant to Annex.A1 notification issued on 27.06.2016. They are all eligible to be appointed as Postal Assistants. However, for want of vacancies in their division, they are not appointed. Therefore, they approached the Central Administrative Tribunal for appointing them in vacancies available in other divisions. They pointed out the past practice adopted by the Postal Department in appointing such qualified persons as Postal Assistant in other divisions other than the division which they work as GDS.
2. We notice Annex.A1 notification. In Clause 5 of “i-
Eligibility conditions” in Annex.A1 notification, it is prescribed that the GDS of a particular division will be considered only against the vacancies of that division and not that of other divisions. In that view of the matter, we are not inclined to give any direction in this matter as the ..5.. Tribunal noted that there exist no other norms or rules for consideration of a qualified GDS for appointment as Postal Assistant in other divisions. In that view of the matter, there is no merit in this original petition. Accordingly, the original petition stands dismissed. Sd/- A. MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE bka/- ..6.. APPENDIX OF OP (CAT) 24/2021 PETITIONER ANNEXURES ANNEXURE A6 TRUE COPY OF THE MEMO NO.RECTTT/O.A.14/2017 DATED 10.02.2017 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A1 TRUE COPY OF THE NOTIFICATION NO. RECTT/10-6/2013/1 DATED 27/06/2016 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A2 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 3.11.2011 ISSUED BY THE 1ST RESPONDENT. ANNEXURE A3 TRUE COPY OF THE RECRUITMENT RULE GSR 411(E) DATED 21.05.2015 ISSUED BY THE 1ST RESPONDENT. ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED 5.12.2016 SUBMITTED BY THE 3RD APPLICANT TO THE 2ND RESPONDENT. ANNEXURE A5 TRUE COPY OF THE ORDER DATED 09.01.2017 BY THIS HON'BLE TRIBUNAL IN O.A.14/2017. ANNEXURE R1 TRUE COPY OF THE ORDER DATED 11.01.2013. ANNEXURE R2 TRUE COPY OF THE NOTIFICATION DATED 27.06.2016. ANNEXURE R3 TRUE COPY OF THE LETTER DATED 27.07.1989. ANNEXURE R4 TRUE COPY OF THE ORDER DATED 27.10.2016. ..7.. ANNEXURE A7 TRUE COPY OF THE LETTER DATED 2.4.2018 ISSUED BY THE CPIO AND SUPERINTENDENT OF PO ST OFFICES TO THE 3RD APPLICANT. ANNEXURE R5 TRUE COPY OF THE ORDER DATED 12.08.2016 OF THE HONOURABLE APEX COURT IN CIVIL APPEAL 90/2015 AND OTHERS.
EXHIBIT P1 TRUE COPY OF THE O.A 180/159/2017
FILED BEFORE THE HON'BLE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAMBENCH. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 3.10.2017 FILED BY THE DEPARTMENTAL RESPONDENTS. EXHIBIT P3 REJOINDER FILED BY THE APPLICANTS IN THE O.A 14/2017. EXHIBIT P4 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 14.03.2019 FILED BY THE DEPARTMENTAL RESPONDENTS. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 1.2.2021 IN O.A NO.180/159/2017 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. Exhibit P6 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT IN O.P(CAT) 10/2021, DATED 12/03/2021
Exhibit P7 TRUE COPY OF THE LETTER NO. F. NO. 04-
ASSISTANT DIRECTOR GENERAL (SPN),
GOVERNMENT OF INDIA, MINISTRY OFCOMMUNICATION, DEPARTMENT OF POST,NEW DELHI. ..8.. Exhibit P8 TRUE COPY OF THE ORDER DATED SUPERINTENDENT OF POST OFFICES, KOTTAYAM DIVISION Exhibit P9 TRUE COPY OF THE DECLARATION OF RESULTS OF SURPLUS QUALIFIED LIMITED DEPATMENTAL COMPETITIVE EXAMINATION FOR GDS TO THE POSTS OF PA/SA AND THE POSTING GIVEN TO THOSE SUCCESSFUL SURPLUS CANDIDATES IN THE SELECTION TO THE NEIGHBOURING VACANCIES.