O. A. No. 493 of 2008. Case: 1. P. T. Sreedharan Gds Md, Kannur; 2. N. Vasu, Gds Mc, Kannur; 3. K. C. Sasidharan, Gds Md, Kannur; 4. C. A. Joseph, Gds Mc, Kiliyanthara; 5. George Thomas K., Gds Md I, Payam; 6. K. M. Antony, Gds Md, Kiliyanthara; 7. V. M. Surendran, Gds Mp, Chokli; 8. C. Pradeepan, Gds Md, Pathayakunnu Vs 1. Union of India, Secretary, New Delhi; 2. Chief Post Master General, Thiruvananthapuram; 3. Post Master General, Kozhikode; 4. Superintendent of Post Offices, Thalassery. Central Administrative Tribunal
| Case Number | O. A. No. 493 of 2008 |
| Counsel | P. K. Ravi Sankar, T. P. M. Ibrahim Khan |
| Judges | Dr. K. B. S. Rajan (Judicial Member) & K. George Joseph (Administrative Member) |
| Issue | Service Laws |
| Judgement Date | August 07, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
Dr. K. B. S. Rajan (Judicial Member), (Ernakulam Bench)
The eight applicants in this OA are at present functioning as GD Sevaks in the Thalassery Division of the Postal Department. In a seniority list prepared in 2005, their names figure at certain places and according to the applicants, "if the persons who have relinquished their right to get promoted are excluded from the seniority list, the applicants would be among the senior most persons eligible to be considered." Further, according to the applicants, there are 8 Group D vacancies in the Thalassery Division and are kept unfilled under the pretext of 'want of approval by the screening committee'. These posts are managed by engaging GDS on mazdoor basis. It is the case of the applicants that there is no need to have a nod from the screening committee since this Tribunal had held in OA No. 901/2003, 977/2003, 115/2004 and 346/2005 that the posts are to be filled up by promotion for which the screening committee. Such an order had been upheld by the Hon'ble High Court of Kerala. Hence, the applicants pray for the following reliefs:
i) To issue appropriate direction or orders directing the respondents to take immediate steps for promoting applicants in Group D post in Thalassery Division on the basis of their running seniority against the existing vacancies which falls under 75% quota set apart or Gramin Dak Sevaks under the Recruitment Rules 2002 and to promote them to Group D category from the date of their entitlement with all consequential benefits forthwith.
ii) To declare that the applicants are entitled to be considered for appointment as Group D in the existing vacancies.
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Respondents have contested the O.A. It has been contended by them that the posts are not, according to the Recruitment Rules, of promotion quota. Again, in so far as promotion is concerned, the GDS cannot claim any such promotion as GDS are engaged not as part of the formal cadre of the services of the postal department. The Gramin Dak Sevaks are governed by a complete code governing their service, conduct and disciplinary proceedings. They are not members of the service of the Department of Posts and as long as their employment is under a separate scheme not being a part of the formal cadre of the postal department, they cannot be treated to be in the 'same service' or 'class of service' thereby entitling them to be considered for 'promotion' in its legal sense.
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