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2016 Supreme(SC) 641

V.GOPALA GOWDA, R.BANUMATHI
Y. NAJITHAMOL – Appellant
Versus
SOUMYA S. D. – Respondent


JUDGMENT

V. GOPALA GOWDA, J.

The present appeals arise out of the common impugned judgment and order dated 20.12.2011 passed by the High Court of Kerala at Ernakulam in OP (CAT) No. 1095 of 2011 (S) and connected petitions, whereby the High Court upheld the order of the Central Administrative Tribunal, Ernakulam Bench (hereinafter referred to as the “Tribunal”), which held that the appointment from GDS/EDA to the post of Postman is only by promotion and not direct recruitment, and that because of this reason, the age restriction under Column No. 7(2) of the Department of Posts (Postman/ Village Postman and Mail Guards) Recruitment Rules, 1989 (hereinafter referred to as the “Recruitment Rules”) as well as reservation against the OBC category is not permissible.

2. Since a common question of law arises in both these appeals, for the sake of convenience, we refer to the facts of the Civil Appeal No. 90 of 2015. The facts of the case required to appreciate the rival legal contentions advanced on behalf of the parties are stated in brief as hereunder:

Appellant nos. 1-4 belong to the OBC category. On 30.11.1992, appellant no.3 commenced service as a Gramin Dak Sevak (GDS) MD. Appellant no.





















































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