Judgment:
By Hon'ble Dr. K.B.S. Rajan, Judicial Member -
The applicant in this case is working as Gramin Dak Sevak under the administrative control of the first respondent in the Aluva Division. He has been as GDS since 1988 and according to the applicant, he is eligible for being considered for appointment as Group D post as per. Recruitment Rules of 2002 (Annexure A-2). Further, according to him, there are in all 14 clear vacancies in Group 'D' cadre remaining unfilled under the Aluva Postal Division. These are not being filled up on the ground that the approval of the screening committee has not been obtained, whereas, according to the counsel for the applicant, the respondents are following different norms/standards/methods for different Division, while uniform action is expected to be taken. According to the applicant, vide Annexure A-4 order dated 23rd December, 2005 in OA No. 115/2004, the Tribunal has rendered a finding that the contention of the respondents, that, clearance of the vacancies from the Departmental Screening Committee was not and cannot be accepted. This decision has been upheld by the High Court vide Annexure A-5 order dated 22nd March, 2007. Based on the above judgments, the Tribunal had allowed yet another vide order dated 2nd November 2007 in OA No. 246/2007 . While such is the rule position and the orders of the Tribunal, according to the applicant, the aforesaid 14 vacancies remain unfilled for no specific purpose. Hence he had filed this
OA seeking the relief as under:-
To issue appropriate direction or Order direction to the respondents 1 to 4 to take immediate steps for promoting the applicant to Group D on the basis of the running seniority against the existing vacancies which falls under the 75% quota set apart for Gramin Dak Sevaks under the Recruitment Rules 2002 and to promote him to Group D from the respective date of his entitlement with all consequential benefits forthwith and time be calendared in this regard.
2. Respondents have contested the O.A. According to them, the Recruitment Rules 2002 contain various Group D posts and consideration or promotion of Gramin Dak Sevaks cannot be automatic and selection of a temporary person to a regular post cannot be accepted as promotion and that it is not the intention of the rule making authority to do so. Therefore, approval of the Screening Committee is mandatory. Further there are many more Gramin Dak Sevaks who are senior to the applicant (the applicant stands at serial No. 346 in the seniority list as on 01-07-2007). The decision in the earlier cases were implemented on case to case basis and only after getting the approval from the Postal Directorate. It has also been submitted by the respondents, "Directions have been sought for from the Directorate in view of the changed scenario consequent to the recent judgments of the CAT/High Court."
3. Counsel for the applicant submitted that in view of the fact that in the common judgment pronounced in December 2008, specific findings have been rendered as to how to treat the vacancies that are to be filled up by Gramin Dak Sevaks the same be followed in this case as well.
4. The fact that common judgment rendered as stated by the counsel for the applicant has been confirmed by the counsel for the respondents.
5. Arguments have been heard and documents perused. The fact of applicant's seniority position as Gramin Dak Sevak in Aluva Division has not been in dispute. The only point for consideration is whether approval of the screening committee is required or not. This has been dealt with in the common judgment dated 15th December 2008 in OA No. 312 of 2008 and connected matters. Once the respondents take action on the basis of the said order, vacancies of the Aluva Division would also be given the same treatment as of other Divisions. Subject to other conditions being fulfilled by the applicants, the case of the applicant shall also be considered for appointment to the post of Group D in Aluva Division at the time of implementation of the common order referred to above.
6. Respondents are directed to consider the case of the applicant on the above lines. OA is disposed of accordingly. No cost.