The central legal point established in the judgment is that executive instructions imposing disqualification based on promotion must be in conformity with the Recruitment Rules and consider relevant facts.

CHANDER SHEKHAR, J.

The petitioner in this writ petition impugns the order dated 22nd January, 2016, whereby OA No. 592/2013 filed by him has been dismissed by the Principal Bench of the Central Administrative Tribunal (Tribunal, for short) holding that he was not eligible for appointment as Inspector of Posts since he had been promoted as Postmaster Grade-I.

2. The Tribunal in the impugned order has referred to the decision of the Delhi High Court in W.P. (C) No. 4833/2014, Union of India v. Virender Kumar Dahiya decided on 28th August, 2014 and also the decision dated 11th December, 2014 in W.P. (C) No.1564/2013, Jawahar Singh v. Union of India and Ors, but did not follow and adhere to the ratio laid down therein. The Tribunal preferred to follow the decision of the Karnataka High Court dated 10th June, 2013 in W.P. (C) No. 35449-35450/2012, Sri Rananath S M & Anr. v. Union of India & Anr, wherein a contrary view has been expressed. The reasoning of the Tribunal is that executive rules/instructions as per Article 73 of the Constitution were binding and should be followed.

3. The petitioner joined the service of Indian Posts as Postal Assistant in Auraiya Head Post Office under Etawah Division on 18th May, 2005.

4. On 12th June, 2011, the petitioner appeared in a Limited Departmental Competitive Examination for promotion to the cadre of Postmaster Grade-I. Results were declared on 30th June, 2011, but the petitioner’s result was withheld. The petitioner made representations against withholding of his result and the result was finally declared on 16th November, 2011. The petitioner was declared as selected with the remarks ‘selected against one withheld OC vacancy’.

5. By letter dated 7th December, 2011, the petitioner’s posting order in the cadre of Postmaster Grade-I was issued. He was allocated to Agra Division. By letter dated 12th December, 2011, the petitioner declined his promotion to the post of Postmaster Grade-I. However, this request was not accepted by the respondents and in these circumstances, the petitioner assumed charge as Postmaster Grade-I on 31st December, 2011 at Bah Post Office in Agra Division.

6. By another notification dated 14th July, 2011, the respondents had invited eligible employees to appear in the Limited Departmental Competitive Examination for promotion to the cadre of Inspector of Posts. The petitioner being eligible had appeared in the said examination on 15th and 16th October, 2011. However, as complaints were received in respect of Paper-III held on 16th October, 2011, a re-examination of Paper-III was held on 29th January, 2012, i.e. after the petitioner had joined the post of Postmaster Grade-I. The petitioner was permitted and allowed to sit for Paper III examination held on 29th January, 2012, after specific permission was granted by the respondents. Subsequently, the petitioner's result was withheld on the ground that he had been promoted as Postmaster Grade-I and those who were appointed as Postmaster Grade-I were not eligible for promotion to the post of Inspector of Posts on the basis of the policy decision communicated by the letter dated 30th August, 2011 issued by the respondents.

7. It is an accepted and admitted fact that promotion by way of Limited Departmental Competitive Examination to the cadre of Postmaster Grade-I and cadre of Inspector of Posts were governed by the Recruitment Rules framed under the proviso to Article 309 of the Constitution.

8. The Ministry of Communication and Information Technology in exercise of the powers conferred by the proviso to Article 309 of the Constitution, had notified the Department of Posts, Inspectors of Posts Recruitment Rules 2001, regulating the method of recruitment to the post of Inspectors of Posts. The 2001 Rules were superseded vide notification dated 01.02.2013. The new Rules were applicable from the date of publication