JUDGMENT :

MOHIT KUMAR SHAH, J.

The present writ petition has been filed against the order dated 19.08.2025, passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as “the Ld. CAT”) in O.A. No. 050/00164/2025, whereby and whereunder the covering letter dated 7.2.2025 along with its enclosure i.e. the letter of the Superintendent of Post Offices, Begusarai Division, Begusarai dated 6.2.2025, by which the engagement of the respondent herein as Gramin Dak Sevak (hereinafter referred to as “the GDS”) had been terminated, have been quashed and the petitioners have been directed to reinstate the respondent with all consequential benefits within a period of 60 days of the date of receipt of the said order dated 19.08.2025.

2. The brief facts of the case as pleaded by the sole respondent in the original application filed by her before the Ld. CAT is that the Department of Posts, Ministry of Communications, Government of India, New Delhi had issued an advertisement/notification dated 12.7.2024, inviting applications from the eligible candidates to fill the vacant posts of Gramin Dak Sevaks (GDSs) in different offices of the Department of Posts. The relevant clauses of the said advertisement dt. 12.7.2024 are being reproduced herein below:-

“Clause 3. SERVICE CONDITIONS AND BRIEF JOB PROFILE AND RESIDENCE/ACCOMMODATION.

The applicants must clearly understand that the GDSs are not regular employees of the Department and their emoluments, allowances and other entitlements are not at par with the Central Government employees. Their service conditions are governed by Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2020 [referred to as GDS Rules], as revised from time to time and not framed under the Article 309 of the Constitution of India. They are holders of Civil Posts outside the civil services of State. They are required to serve, mostly, in rural areas to render the services of the Department. As per Rule 3A of the said GDS Rules, they are required to work for minimum for a period of four hours and maximum for five hours a day and then cannot be retained as Sevak beyond 65 years of age. A sevak should have other source of income besides the allowances to be paid by the Government for adequate means of livelihood for himself and his family. The candidates selected as BPMs are required to arrange accommodation for running the post office (called as Branch Post Office) at their own cost. The candidates are advised to carefully go through the said GDS Rules, which are available on the official website of the Department.

Clause 5.2. QUALIFICATION AS ON THE DATE OF NOTIFICATION

1(a). Educational qualification for engagement of GDS is Secondary School Examination pass certificate of 10th standard with passing marks in Mathematics and English conducted by any recognized Board of School Education by the Government of India/State Governments/Union Territories in India.

(b). The applicant should have studied the local language at least up to 10^th Standard from a recognized Board. The detail of post-wise local language prescribed by the Department is given in the Annexure-III.

Clause 8: SELECTION CRITERIA (i). The applicants will be shortlisted for engagement on the basis of a system generated merit list.

(ii). The merit list will be prepared on the basis of marks obtained/conversion of Grades/Points to marks (as explained in sub paras - iii to xiii below) in Secondary School Examination of 10th standard of recognised Boards aggregated to percentage to the accuracy of 4 decimals.

(iii). For applicants where Secondary School Examination of 10th standard mark sheet contains the marks as mentioned in each subject or marks and Grade/Points both, their total marks will be worked out by taking into account the 'marks obtained’. In case any applicant applies with grades/points instead of marks, his/her application will be liable for cancellation. However, if for any particular subject (s) only grad