Original Application No. 180/00954/2015. Case: Varghese D. Vs 1. The Senior Superintendent of Post Offices 2. The Chief Postmaster General, Kerala Circle 3. Union of India. Central Administrative Tribunal
| Case Number | Original Application No. 180/00954/2015 |
| Counsel | For Appellant: Mr. Vishnu S. Chempazhanthiyil, Adv. and For Respondents: Mr. N. Anilkumar, Sr. PCGC |
| Judges | Mr. U. Sarathchandran, Judicial Member |
| Issue | Administrartive Law |
| Judgement Date | January 13, 2017 |
| Court | Central Administrative Tribunal |
Order:
Mr. U. Sarathchandran, Judicial Member
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Applicant is seeking a declaration that he is entitled to be covered byCCS (Pension) Rules, 1972 as has been done in the case of applicants inAnnexures A3 to A7 and A11 to A14 judgments and is praying for a direction to the respondents to grant notional appointment to him as Postman from the date of arising of the vacancy, with consequential benefits.
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The applicant was working as a Grameen Dak Sevak (GDS). He took part in the examination held on 22.5.2005 and 10.7.2005 for the post of Postman and became successful. He was appointed to the post of Postmanon 30.9.2005 in the vacancy of the year 2002. According to the applicant for filling up the post of Postman for the vacancy arose in 2003, the examination was belatedly conducted by the respondents, due to the fault of the respondents which cannot be passed on to him and therefore, he is entitled to be treated as notionally appointed as Postman from the date of arising of the vacancy in 2003 and also to be included under the CCS (Pension) Rules, 1972, applicability of which has come to an end for the persons who were appointed in service after 1.1.2004. He relies on the decisions of this Tribunal in cases of similarly situated persons in OA Nos. 753/2012, 788/2012, 620/2003 and in OA No. 102 of 2010 wherein the applicants were permitted to be treated as appointed notionally from the date of arising of the vacancy of the post.
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It appears from the pleadings of this case that the applicant has approached this Tribunal on the premises that the post of Postman,as per the recruitment rules, was a promotional post for the persons engaged as GDS and therefore, they have a vested right to be considered for promotion as per the statutory rules.
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The respondents filed reply statement resisting and refuting the claim of the applicant.
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When the matter was taken up for hearing today, counsel appearing on both sides were...
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