IN THE CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH, HYDERABAD 0A. No. 1259 of 2012 Date of order : 24.11.2014 Between; 1. V. Yadaiah, S/o. V. Pentaiah, ie aged about 49 years, working as Gramin Dak Sevak, Olo, Head Record Office, Hyderabad Sorting Division, Hyderabad — 500 001 LP, Muralidhar, S/o.[. Subramaneswar Rao, aged about 49 years, working as Gramin Dak Sevak, Olo, Head Record Office, General Post Office, Hyderabad ~ 500 001. S. Narsaiah, S/o. S, Mutlaiah, aged about 48 years, working as Gramin Dak Sevak, Gio, Head Record Office, General Post Office, Hyderabad — 500 001 K, Siddaiah, S/o. K. Pullaiah, aged about 47 years, working as Gramin Dak Sevak, Ofo. Head Record Office, General Post Office, Hyderabad ~ 500 001. S, Ramesh, S/o, Srinivasutu, aged about 44 years, working as Gramin Dak Sevak, Ojo. Head Record Office, Genera] Post Office, Hyderabad — 500 001 PD, Jagadish, S/o. Dayanand, aged about 49 years, working as Gramin Dak Sevak, Olo, Head Record Office, General Post Office, Hyderabad — 500 003, R, Surender, S/o, R. Narayana, aged about 45 years, working as Gramin Dak Sevak, Gfo, Head Record Office, General Post Oilice, Hyderabad — 50 001. P. Sathaiab, S/o. Durgaiah, } aged about 46 years, working as Gramin! Dak Sevak, O/o. Head Record Office, General Post Office, Hyderabad — 500 001. G, Narsing Rao, S/o. G. Yatlaiai, aged about 54 years, working as Gramin Dak Sevak, Ofo. Head Record Office, General Post Office, Hyderabad — 500 001. 1O.K.V.LN, Battar, 9/0, K.V, Battar, aged about 49 years, working as Gramin Dak Sevak, Olo, Head Record Office, General Post Office, Hyderabad — 500 001. 1).K. Yadava Rao, Sio. Nageswar Rao, aged about 48 yeats, working as Gramin Dak Sevak, Gio, Head Record Office, General Post Office, Hyderabad — 500 001 12.M.V. Ramana, Slo, Manikya Rao, aged about 47 years, working as Gramin Dak Sevak, Ofo, Head Record Offi e, General Post Office, Hyderabad - 500 001. 13.K. Anitha, Wo, aged about 41 years, working as Gramin Dak Sevak, Ojo. Head Record Office, General Post Office, Hyderabad - 500 001 Lof iT ye xv > & we 2 ~ ES © 36 w37 14, A. Chandreknmar, S/o, A, Balappa, aged about 47 years, working as Gramin Dak Sevak, Oo. Head Record Office, General Post Office, Hyderabad — 500 001. 15,G. Rambabu, S/o. Chitravelu Naidu, aged about 47 years, working as Gramin Dak Sevak, Gio. Head Record Office, General Post Office, Hyderabad — 500 001. 16.G, Satyaprakash, S/o, Balamallaiah, aged about 46 years, working as Gramin Dak Sevak, Olo. Head Record Office, General Post Office, Hyderabad — 500 001, 17.P. Devadass, S/o, Late Mosaiah, aged about 52 years, working as Gramin Dak Sevak, Gio, Head Record Office, Genera! Post Office, Hyderabad ~ 500 001. 18.G.M. Yadagiri, S/o. Mallesh, aged about 48 years, working as Gramin Dak Sevak, Ovo. Head Record Office, General Post Office, Hyderabad — 500 001. 19.5. Madhavi, W/o. Ramesh, aged about 40 years, working as Gramin Dal Sevak, Cfo. Head Record Office, General Post Office, Hyderabad — $00 001. 20.K. Varalaxmi, W/o. K. Udaikumar, aged about 52 years, working as Gramin Dak Sevak, lo. Head Record Office, General Post Office, Hyderabad — 500 001. 21.8. Mahesh, Sio, Eswaraiah, aged about 43 years, working as Gramin Dak Sevak, Gio. Head Record Office, General Post Office, Hyderabad ~ 500 001. 22.B.S. Raju, S/o. B. Sathaiab, ‘aged about 48 years, workisig as Gramin Dak Sevak, Ofo. Head Record Office. General Post Office, Hyderabad — 500 001. 23.Abdul Samad, S/o, Abdul Majeed, aged about 48 years, working as Gramin Dak Sevak, Ofo, Head Record Office, General Post Office, Hyderabad — 500 001. 2A.Y. Laxman, S/o, Lae Brahunaiak, aged about 5! years, working as Gramin Dak Sevak, Ofo. Head Record Office, General Post Office, Hyderabad — 500 001. 25.M. divya Shankarappa, S/o, M. Rajaiah, aged about 47 years, working as Gramin Dak Seval, Go. Head Record Office, General Post Office, Hyderabad — 500 001. 26.K. Narsimlu, S/o. K. Brahmaiah, aged about 60 years, working as Gramin Dak Sevak, O/o. Head Record Office, General Post Office, Hyderabad ~ 500 001, 27.R. Bai Reddy, S/o. R. Raj Reddy, aged about 45 years, working as Gramin Dak Sevak, Olo, Head Record Office, General Post Office, Hyderabad — 500 001 28.C, Dass, S/o. C. Krishnaiah, aged about 42 years, working as Gramin Dak Sevak, O/o, Head Record Office, General Post Office, Hyderabad — 500 001. 29.Rajender Singh, S/o. Chandulal, aged about 49 years, working as Grat in Dak Sevak, Mo 20f17 \38 Olo, Head Record Office, Genegal Post Office, Hyderabad — 500 001, 30.G. Emmanual, S/o. G. Joseph, * 7 aged about 47 years, working as Gramin Dak Sevak, O/o, Head Record Office, General Post Ofifice, Hyderabad — 500 01. 31.Md. Mushtaq, S/o. Md. Ishaq, ‘aged about 50 years, working as Gramin Dak Sevak, O/o, Head Record Office, General Post Office, Hyderabad — 500 001, 32.Abdul Sukur, S/o, Abdul Raheem, ‘aged about 48 years, working as Gramin Dak Sevak, Ofo. Head Record Office, General Post Office, Hyderabad — 500 001. 33.G. Bhadramma, W/o. G. Mallaiah, aged about 60 years, working as Gramin Dak Sevak, O/o. Head Record Office, General Post Office, Hyderabad — 500 001. 34.Shaik Meeran, Sio. Abdui Raheem, aged about 49 years, working as Gramin Dak Sevak, O/o, Head Record Office, General Post Office, Hyderabad — 500 001. 35.Jamuna, Wio. Suresh, aged about 39 years, working as Gramin Dak Sevak, Ofo. Head Record Office, General Post Office, Hyderabad — 500 001. 36.M.A. Bari Khan, S/o, M.A.Aziz Khan, ‘aged abont 50 years, working as Gramin Dak Sevak, COfo. Head Record Office, General Post Office, Hyderabad — 500 001. 37.Maqbool Ahmed, S/o, Md. Hussain, aged about SI years, working as Gramin Dak Sevak, Olo, Head Record Office, General Post Office, Hyderabad - 500 001. 38.S.A. Khader, S/o, Syed Khasim, ‘aged about 53 years, working as Gramin Dak Seva, Gio. Head Record Office, General Post Office, Hyderabad ~ $00 001. 39.M.M. Rahaman, S/o. Abdul Raheem, aged about 49 years, working as Gramin Dak Sevak, Olo, Head Record Office, General Post Office, Hyderabad — 500 001, 40.K. Aejaz Ali, S/o. Shaik Vilayath Ali, aged about. 42 years, working as Gramin Dak Sevak, Ofo. Head Record Office, General Post Office, Hyderabad — 500 001. 41 Khaja Mohinuddin, S/o. K. Habeeb Shareef, ‘aged about 50 years, working as Gramin Dak Sovak, Ofo. Head Record Office, General Post Office, Hyderabad - 500 001. 42.Govind Singh, S/o. Ram Singh, aged about 47 years, working as Gramin Dak Sevak, Olo, Head Record Office, General Post Office, Hyderabad ~ 500 001. 43.md, Amjadulla Khan, S/o. Md.'Whadulla Khan, aged about 48 years, working as Gramin Dak Sevak, O/o. Head Record Office, General Post Office, Hyderabad - 500 ool. 44.Rekha Rao, W/o. Ganesh Rao, ‘aged abont 47 years, working as Gramin Dak Sevak, Ojo. Head Record Office, Hyderabad Sorting Division, Hyderabad — 500 001. Sof IT Ned45.K.S.R. Raju, S/o. K. Shankaraiah, aged about 60 years, working as Gramin Dak Sevak, O/o. Head Record Office, General Post Office, Hyderabad ~ 300 001, 46.5.M, Ali, S/o. Syed Shabuddin, aged abont 50 years, working as Gramin Dak Sevak, Ofo, Head Record Office, General Post Office, Hyderabad — 500 001 47.M.A. Sadia, S/o. Md. Sultan, aged about 48 years, working as Gramin Dak Sevak, Oo. Head Record Office, General Post Office, Hyderabad — 300 001. 48.Md. Saleem Pasha, S/o. Mid. Basheer Pasha, aged about 49 years, working as Gramin Dak Sevak, O/o. Head Record Office, General Post Office, Hyderabad ~ 500 01, 49.Mir Shamshir Ali, Sfo. Mir Mebak Ali, aged about 57 years, working as Gramin Dak Sevak, O/o. Head Record Office, General Post Office, Hyderabad — 500 001, 50.Abdui Nayeem, S/o. Fakheer Mohd. i“ aged about 47 years, working as Gramin Dak Sevak, Ofo, Head Record Office, General Post Office, Hyderabad — 500 001. 31.Abdul Razak, S/o, Fakeen Mohd. aged about 48 years, working as Gramin Dak Sevak, Olo, Head Record Office, General Post Office, Hyderabad ~ 500 001. 52,Sameena, W/o. Mohd, Hyder Sharif, aged about 45 years, working as Gramin Dak Sevak, O/o. Head Record Office, General Post Office, Hyderabad — 500 001 53K, Santosh, S/o. K. Gopal Rao, aged about 26 years, working as Gramin Dak Sevak, Olo, Head Record Office, General Post Office, Hyderabad — 500 001. 54.Md. Yabiya Pasha, S/. Md. Yousuf, aged about 28 years, working as Gramin Dak Sevak, Olo. Head Record Office, Genera) Post Office, Hyderabad — 500 001. 55.M.A. Khaleem, S/o. M.A. Raheem, aged about 47 years, working as Gramin Dak Sevak, O/o. Head Record Office, General Post Office, Hyderabad - 500 001. 56.V. Rajanna, S/o. Vasachary, aged about 49 years, working as Gramin Dak Sevak, O/o. Head Record Office, Generai Post Office, Hyderabad ~ 500 01. 57.M.B. Ali Baig, S/o. Mirza Asghar Ali Baig, aged about 56 years, working as Gramin Pak Sevak, Ovo, Head Record Office, General Post Olfice, Hyderabad ~ 500 001. 58.M.C. Prakash, S/o, M. Sudarshan, ‘aged about 49 years, working as Gramin Dak Sevak, Ofo. Head Record Office, General Post Office, Hyderabad -- 500 001 59.V, Raju, S/o. V. Rama Rao, aged about 49 years, working as Gramin Dak Sevak, Ojo. Head Record Office, General Post Office, Hyderabad — 300 001. 60.8. Murahari, S/o. Narsingh Rao, aged about 51 years, working as Gramin Dak Sevak, 40f 17 ye 34ho Oo, Head Record Office, General Post Office, Hyderabad — 300 001. 61.Shaik Saleem, Slo. SK. Mehaboob, aged about 49 years, working as Gramin Dak Sevak, io, Head Record Office, General Post Office, Hyderabad — 500 001. 62. Wajid Ali, S/o. Yawir Ali, aged about 47 years, working as Gramin Dak Sevak, O/o, Head Record Office, General Post Office, Hyderabad ~ 500 001 63.A.RN. Rao, So. AS.R. Murthy, aged about 51 years, working as Gramin Dak Sevak, Ofo, Head Record Office, General Post Office, Hyderabad — 500 001. 64.R. Venkateshwarlu, S/o, R. Akambaram, aged about 51 years, working as Gramin Dak Sevak, Olo. Head Record Office, General Post Office, Hyderabad — 500 001, 65.V. Nagesh, S/o. V. Achaiah, aged about 55 years, working as Gramin Dak Sevak, Ovo. Head Record Office, General Post Office, Hyderabad ~ 500 001 66.Md. Afzal, S/o. Md. Jaffar, aged about 55 years, working’as Gramin Dak Sevak, Ovo, Head Record Office, General Post Office, Hyderabad - 500 001. 67.B. Balamma, Wo. B. Yadaiah, aged about 57 years, working as Gramin Dak Sevak, Ojo, Head Record Office, General Post Office, Hyderabad — 500 001. 68.G.M. Qurashi, $/o.G. Mahmood Qurashi, aged about 47 years, working as Gramin Dak Sevak, Glo. Head Record Office, General Post Office, Hyderabad ~ 500 001. 69.0. Varalaxmi, S/o. Ch. H, Krishna, aged about 55 years, working as Gramin Dak Sevalk. O/o, Head Record Office. General Post Office, Hyderabad ~ 500 001. JO.M.A. Ghani, Slo.M.A. Rabman, aged about 45 years, working as Gramin Dak Sevak, Ofo, Head Record Office. General Post Office, Hyderabad — 500 001. 71.8. Bhikshamaiah, S/o. S. Ramachandraiah, ‘aged about 52 years, working as Gramin Dak Sevak, Ofo, Head Record Office, General Post Office, Hyderabad ~ 500 001. 72.Nashpal Singh. S/o, Kishan Singh, aged about 49 years, working as Gramin Dak Sevak, Olo. Head Record Office, General Post Office, Hyderabad — 300 001 73.Mé. Sharfuddin, S/o. Ghousuddin, : aged about 47 years, working as Gramin Dak Seva, Gio, Head Record Office, Ffeneral Post Office, Hyderabad ~ 500 001. 74.M_D. Khalee! Ahmed, S/o. Gulam Almed, aged about 44 years, working as Gramin Dak Sevak, Ojo, Head Record Office, General Post Office, Hyderabad - 500 001. 75 Sitaj Mohd., S’o. Raj Mohd, ‘aged about 49 years, working as Gramin Dak Sevak, Ojo. Head Record Office, General Post Office, Hyderabad ~ 500 001. 76.8. Mallesh, S/o, 8. Lingaish, Sofi? NeA aged about 51 years, working as Gramin Dak Sevak, Ojo, Head Record Office, General Post Office, Hyderabad ~ 500 001. 71. Md. Fafeeq, S/o. Md. Habeeb. aged about 47 years, working as Gramin Dak Sevak. O/o, Head Record Office, General Post Office, Hyderabad ~ 500 001. 78S. Bikshapathy, S/o. S. Narasaiah, aged about 50 years, working as Gramin Dak Sevak, Ojo, Head Record Office, General Post Office, Hyderabad — 500 001. 79.Md. Sadiq Ali, S/o. Md. Mahaboob Ali, aged about 54 years, working as Gramin Dak Sevak, Olo, Head Record Office, General Post Ofijce, Hyderabad - 500 001. 80.M.A. Aziz, S/o. M.A. Kqyama, ! ‘aged about 49 years, working as Gramin Dak Sevak, Ojo, Head Record Office, Genera) Post Office, Hyderabad — 500 001. 81.Md. Badruddin, S/o. Md. A. Khader, aged about 47 years, working as Gramin Dak Sevak, C/o, Head Record Office, General Post Office, Hyderabad — 500 001. 82.A. Nandu, Slo. A, Balaiah, aged about 48 years, working as Gramin Dak Sevak, ‘Ojo. Head Record Office, General Post Office, Hyderabad ~ 506 001. 83.Saln Bai, Wo. Manik Prabbu, : aged about 47 years, working as Gramin Dak Sevak, Ojo. Head Record Office, General Post Office, Hyderabad ~ 500 001. 84.D. Kalavathy, W/o. D. Raghavulu, aged about 44 years, working as Gramin Dak Sevak, Glo, Head Record Office, General Post Office, Hyderabad — 500 001. 85,E, Murali Manohar, S/o. E, Rangeiah, aged about 45 ye: working as Gramin Dak Sevak, Ovo, Head Record Office, General Post Office, Hyderabad ~ 300 001 86.G. Shiva Kumar, S/o. G. Shankaraich, aged about 46 years, working as Gramin Dak Sevak, Oo. Head Record Office, General Post Office, Hyderabad ~ 500 001 87.R. Srinivas, S/o. R. Rangaiah, aged about 49 years, working as Gramin Dak Sevak, O/o. Head Record Office, Hyderabad Sorting Division, Hyderabad — 560 001. 88. Jeelanimiye, S/o, Abdul Jabban, ‘aged about 49 years, working as Gramin Dak Sevak, Olo, Head Record Office, Hyderabad Sorting Division. Hyderabad ~ 560 00i. 89.C.H. Nagaraj, S/o. Jaya Ramaiab, aged about 48 years, working as Gramin Dak Sevak, Olo, Head Record Office, Hyderabad Sorting Division, Hyderabad — 500 001. 90.C, Satyanarayana, S/o. C. Bojaya, aged about 50 years, working as Gramin Dak Seval Olo, Head Record Office, Hyderabad Sorting Di bof 17 VyHyderabad — 500 001. 91 Kaia Moinuddin, S/o, Mohd Yousuf Ali, aged about 45 years, working as Gramin Dak Sevak, Vo, Head Record Office, Hyderabad Sorting Division, Hyderabad — 500001. 92.K. Ramesh, S/o. K. Sankaraiah, aged about 49 years, working as Gramin Dak Sevak, Ojo. Head Record Office, Hyderabad Sorting Division, Hyderabad — 500 001. 93.E.M. Ramesh Babu, S/o. E. Laxmaih, aged about 49 years, working as Gramin Dak Sevak, io. Head Record Office, Hyderabad Sorting Division, Hyderabad — 500 001, 94.V. Krishnamurthy, S/o, V, Veda Raman, aged about 49 years, working as Gramin Dak Sevak, Ofo. Head Record Office, Hyderabad Sorting Division, Hyderabad — 500 001. 95.K. Mohan Rao, S/o. K. Pushkar Rao, aged about 47 years, working as Gramin Dak Sevak, Ovo. Head Record Office, Hyderabad Sorting Division, Hyderabad — 500 001. 96K. Sadanand, S/o. Muthaish, aged about 47 years, working as Gramin Dak Sevak, Ojo, Head Record Office, Hyderabad Sorting Division, Hyderabad — 500 001. AND 1, The Senior Supdt, of Railway Mail Service, Hyderabad Sorting Division, Hyderabad-500027. 2, The Head Record Officer, O/o, Head Record Office, Hyderabad Sorting Division, Hyderabad — 1. 3. The Chief Postmaster General, Andhra Pradesh Circle, Hyderabad — 500 001. 4, The Union of India, rep. by its Secretary, Ministry of Communications and The Director General of Department of Posts-India, Dak Bhavan, Sansad Marg, New Deihi-110001. Counsel for the applicants ; Mr. M, Venkanna Counsel for the respondents : Ms. N. Shakthi, CGSC Tot 17 42. awAipplicants ».RespondentsCORAM: THE HON'BLE MR. B. VENKATESWARA RAO, MEMBER (J) THE HON'BLE SMT. RANJANA CHOWDHARY, MEMBER (A) ORAL ORDER (PER HON'BLE MR. B. VENKATESWARA RAO, MEMBER (J) The applicants filed this O.A. seeking the following relief: “ to direct the respondents to fill up the vacancies of Mail Guard and Mailmen out of the eligible applicants without further loss of time in pursuance of the judgment of the Hon'ble High Court in W.P. (C) No. 33162/2009 (S) dated 23.12.2009 and the latest judgment of this Hon'ble Tribunal, Madras Bench dated 22.06.2012 in a batch of O.A. Nos, 1051, 1052, 1058, 1064, L111, 1112, 1219, 1223, 1298, 1306, 1379, 1392, 1436, 1526, 1527, 1560 of 2010 and O.A. Nos. 24, 25, 117, 145, 161, 331, 333, 579, 581, 582, and 594 of 2011 (27 OAs) consequently direct the respondents to count the services '6f the applicants with all consequential benefits viz., Seniority, increments, and further promotions along with arrears of pay in the interest of justice...” Facts of the case, in brief, are as follows: The applicants herein have been working in the Department of Posts and RMS Wing under the employment of the 1* respondent for more than 15 years from their respective dates of appointment as GDS employees as shown in Gradation List (Annexure-I). The applicants were initially appointed as Part Time Casual Labourers in the Department prior to their switching over to GDS employment after serving for more than 10 years as such to have a minimum security of employment as GDS as per the provisions of the method of recruitment ’ ‘ of IT \y 43available under GDS Rules, Thus, ench applicant has put in 10 years of service as casual Jabourer and their total service in two categories of employment comes to about more than 20 years without any hope of their services being regularized despite the Recruitment Rules of 2002 for regularization of the applicants. That, for promotion to the Group D, earlier there were some conditions with regard to their age and educational qualifications, but subsequently, the Department was pleased to relax the conditions and enhance the age limit of the GDS employees to 50 years and a procedure was evolved as per DG Posts letter dated 25.08.1993. 3. The applicants further submitted that, the Department was pleased to formulate Recruitment Rules by way of amending Indian Posts and Telegraphs (Class IV Posts) Recruitment Rules, 1970 in exercise of the powers conferred under proviso to Article. 309 of the Constitution of India and these Rules are called as Department of Posts (Group D Posts) Recruitment Rules, 2002. As per Rule 4, the method of recruitment, age limit, qualifications, ete. are specified in Columns 5 to 14 of the Schedule. As per the Schedule relevant to the applicants herein, the method of recruitment under Column No. 11 is mentioned as follows: “The method of recruitment shall be in the manner specified below, namely: A test shall be held to determine the working eligibility of the candidates holding the post specified against SL. No. 2 for filling the posts. In case the suitable candidates are not found to fill up 9 of 17 Vo ca]4 the posts by such test, the remaining posts shall be filled up by the method as specified below: @ 75% of the vacancies remaining unfilled after recruitment from employees mentioned at SI. No. 2 shall be filled by Gramin Dak Sevaks of the Recruiting Division or Unit where such vacancies occur failing which by Gramin Dak Sevaks of the neighbouring Division or Unit by selection-cum-Seniority, (ii) 25% of the vacancies remaining unfilled after recruitment of. employees mentioned at Sl, No.2, such vacancies shall be filled up by selection cum seniority in the following order: (@)__ by casual labourers with temporary status of the recruiting division or unit failing which, (b)__ by full time casual labourers of the recruiting division or unit failing which, (©) _ by full time casual labourers of the neighbouring division ot unit failing which, (4) by part time casual labourers of the recruiting division or unit failing which, : (ii) _ by direct recruitment, Explanation: 1. For Postal Division or Unit, the neighbouring Division or Unit, as the case may be, shall be the Railway Mail Service Sub Division and vice-versa, 2. The aforementioned test shall be governed by the instructions issued by the (Central Government from time to time.” ’ The case of the applicants is that they belong to 75% referred to in Column 11 extracted above belonging to GDS. They submitted that there are 43 vacancies of Group D (Mailmen) remained unfilled for the recruitment years 2006 to 2009 as per the information supplied by the 1 \w santa46 Tespondent yide letter dated 27.01.2010, They stated that the stand of the respondents that those vacancies will be filled up enly on the approval seceived from the department is contrary to the spirit of the judgment of the Hon'ble High Court of Kerala in W.P. No. 33162/2009(S) dated 23.12.2009. 5, The applicants submitted that several representations were made and one such representation was made on 02.02.2010 with a request to fill up the vacancies of 15 Mail Guards and 43 Group D (Mailmen) as per the seniority duly conducting DPC. But the respondents are not acting on such request of the applicants despite clear judgment of the Hon'ble High Court of Kerala (supra) to fill up the vacancies of Mailmen and Mail Guards without waiting for clearance from the department as the said vacancies are meant to be filled up by way of promotion from GDS feeder cadre and more over, those vacancies are Department Promotees quota and therefore, no clearance from the Screening Committee is requited. That, the 1* reafSudent is dodging the isaue of filling up of the vacancies on the pretext that the vacancies meant for GDS will be filled up only on the clearance from the screening committee of the department as if the vacancies are for direct recruitment. That, the applicants earlier approached this Tribunal by filing O.A. No, 1071 of 2010 and this Tribunal disposed of the said O.A. by considering the law governing the absorption of similarly situated persons by way of judgments and orders of Hon'ble High Court of Kerala Hof 17 \y)41 confirming the orders patsed by the Tribunal and directed the sespondents to consider the representations of the applicants and pass appropriate orders. But, the 3" respondent vide lotter dated 06.01.2011 informed the applicants that the matter has been taken up with the Directorate and as and when the orders are received for consideration of the claim of the applicants, further action would be taken for absoprtion of the applicants as Group-D. That, thereafter, no steps have been taken to consider the claim of the applicants. 6 The contention of the applicants is that the judgment of the Hon'ble High court of Kerala in W.P.(C) No. 33162/2009 (S) is squarely applicable to them. They, further stated that the Madras Bench of the Tribunal also adjudicated similar claim of the applicants in O.A, No. 1051 of 2010 & batch (27 OAs) and passed the following order: “Accordingly, the respondents are dirested to absorb those applicants who are eligible to be absorbed in Group D posts in accordance with Part-II of the Schedule under the Department of Posts (Group D Posts) Reernitment Rules, 2002, in the light of the orders passed by the Hon'ble Division Bench of Kerala High Coust in WP. (C) No. 28574/2009 ete. confirming the orders passed by the Exmakulam Bench of the Tribunal in O.A. 314/2008 ete, by taking into account the vacancies that have occurred year wise from 2002, in accordance with their seniority and grant them all consequential benefits, by passing ® reasoned order. This exercise shall be complied with within a period of 3 months from the date of receipt of copy of this order. The OAs are disposed of. No order as to costs.” \ Ht of 177. The applicants submitted that the respondents are dragging the issue of filling up the vacancies of Mail Guard and Mailmen for years and the delay in filling up the said posts would cause irreparable loss and damage to the applicants, Hence, they approached this Tribunal by filing the instant application, 8. The respondents contested the O.A. by filing a reply statement, wherein, they have, inter alia, stated that all. the posts of Group D are upgraded to the status of Group C with nomenclature “Multi Tasking Staff” and the Government of India published in its Gazette Notification dated 20.12.2010 the Postal Department (Multi Tasking Staff) 2010 Recruitment Rules and the said rules were further modified in respect of Operative Offices Le, Subordinate officers vide Gazette notification dated 28.06.2012. That, as per Postal Directorate letter dated 18.1.2012, the Recruitment Rules notified on 20'12.2010 are applicable for the vacancies pertaining to the years 2009, 2010 and 2011 and those notified on 28.06.2012 are applicable for the vacancies from 2012 onwards, 9, The respondents further stated that the 4° respondent by proceedings dated 27.01.2011 instructed all the Circle Heads to furnish the vacancies of the years 2009 and 2010 falling under various modes of filling as per the Recruitment Rules with further instruction that the direct recruitment vacancies of the erstwhile Group D not cleared under Annual Direct Reoruitment (ADR) Plans for the years from 2005 to 2008 13 of 17 } 4813 should not be taken into consideration for assessing such vacancies and as per para 4 of the said letter, direction is given to fill up the vacancies in the Circle as well as in the subordinate officers to the extent of direct reornitment, 10. The respondents further submitted that the respondents identified 16 vacancies in the said category for the years 2009 and 2010 with break up for each category and a Departmental Promotion Committee was constituted for selection of eligible candidates under 50% seniority quota among the Gramin Dak Sevaks for the vacancies for the years 2009 and 2010 on 2.06.2011 and a select list of 8 GDS was issued by proceedings dated 08.06.2011. One more post in the 25% quota meant for the casual labour was also allotted to GDS and a GDS is recruited against the seniority quota by proceedings dated 22.02.2012. Regarding filling up the remaining 25% vacancieg for the year 2009, a notification was already issued by the competent authority vide letter dated 24.05.2013 and the examination was scheduled to be held on 07.07.2013, They submitted that filling up of the posts in the Department from the category of Gramin Dak Sevaks is by way of direct recruitment subject to clearance of Annual Direct Recruitment plan by the competent authority after considering the financial viability and no such plans were sanctioned for the previous years 2005 to 2008 and as such, no recruitment was done. That, existence of vacancy in a particular category will not give a legal right to an incumbent to demand for filling up such posts if the Department decides otherwise based on various td af 17 Seteconsiderations. The Department has taken several measures to curtain its expenditure to minimize the budgetary deficit incinding non-filling up of direct recruitment vacancies in various categories including the category of erstwhile Group D. That only in 2001, permission was accorded by the competent authority to fill up the direct recruitment for the years 2009 and 2010 from the GDS category to the extent of 50% and the same has been carried out by the authority, They contended that as per old pattern, 50% of the vacancies are offered to Direct Reornitment Quota and 50% of the vacancies should be offered to Departmental Quote and in respect. of Direct Recruitment, 25% of the vacancies are to be filled up by an examination to GDS and another 25% is required to be filled up on seniority basis of the GDS. In respect of Departmental Promotion Quota, 50% of the vacancies are to be filled up by holding an examination to Group D (now Multi Tasking Stafi). The Jeft over vacancies from this quota should be added to the quota of posts to be filled up from GDS on seniority basis and action could not be initiated to fill up the DR vacancies for the year 2006 to 2008 as the Postal Directorate did not notify Annual Direct Recruitment plan for the vacancies of these years. However, departmental examination was conducted on 28.02.2010 to fill up the unfilled DP Mai] Guard vacancies of 2006 to 2008, The Postal Directorate has cleared for filling up Mail!Guard vacancies for the years 2009 and 201 and accordingly, an examination was conducted on 06.03.2011 for the entire Andhra Pradesh circle. Jn respect of the year 2009, there is no vacancy to the offered to Departmental Promotion IS of 17 \wsv quota, In respect of the year 2010, there is one vacancy to be offered to Departmental quota,etc. The respondents have stated that filling up of posts is based on the requirement of the Department and its financial viability and there is no law which provides filling up of such posts on year to year basis, whenever such vacancy cours. 11. Heard Jearned counsel for both sides. ” 12. Dwring the course of arguments, learned counsel for the sespondents submitted that applicant Nos. 2, 3, 4, 6, 9, 10, 13, 14, 17, 18, 24, 31, 42, 45, 46, 48, 50, 51, 59, 60, 76, 80, 82, 84, 89, 95, and 96, have been promoted as Multi Tasking Staff and the applicants Nos. 58 & 37 have expired. Leamed connsel for the respondents fumished a communication No. B2/OA/SR-3697/2012/2014-15 dated 30.09.2014 issued by the Senior Superintendent of RMS, Hyderabad Sorting Division, Hyderbad to that effect. J3. In the reply statement, the respondents have mainly contended that posts in the Department from the category of GDS are filled up by way of direct recruitment subject to clearance of Annual Direct recrnitment plan by the competent avthority after considering the financial vinbility and no such plans were sanctioned for the previous years 2005 to 2008 and as such, no reoruitment was done. But, whereas, Emakulam Bench of C.A.T. in O.A. No, 314/2008 passed an Order, as confirmed 16 of 17Sn Hon'ble Kerala High Court in W.P.(C) No, 28574/2009, holding that clearance from Screening Committee is not necessary for in service employees like the applicants therein and similar view was taken by the Hon'ble High Court of Kerala in W.P(C) No. 32491of 2009 and connected cases. ‘The respondents by filing a communication dated 30.9.2014 stated that out of 96 applicants, 27 applicants were promoted as MTS and two applicants i.e, Applicatts 37 & 58 expired. 14, In view of the above position, the respondents are directed to extend the benefit of the judgment and order of the C.A.T., Madras Bench dated 226.2012 in O.A. No. 1051/2010 & batch to the eligible ac not been promoted vide communication dated 30.09.2014, if they are similarly situated like the applicants in O.A. No. 1051/2010 & batch before the Madras Bench of CAT. The respondents shall comply with the order within a period of three months {rom the date af receipt of copy of this order, 15. The O.A. is accordingly disposed of, No order as to costs. — cERTINIED TRUE COPY asa[roln— 2014 Tadaro aaron cage nes. Rs ee. safe dear Pane et Bet COPY MADE READY ON ovr mice. / court Officer Seati [ Bautt O "1 ee ‘THbunal 1 Administrative eae omer ydorabad lial "Free Copy UR 22 of Wot CAT (Procedure) Rules"