Promotions for part-time casual labourers to Group D posts can be claimed under the 25% quota if vacancies exist in neighboring divisions, as clarified by the Tribunal's interpretation of the term 'neighboring division'.

JUDGMENT :

Anil K. Narendran, J.

The petitioners are the respondents in O.A.No.85 of 2014 on the file of the Central Administrative Tribunal, Ernakulam Bench. The said O.A. was one filed by the respondents herein- applicants, invoking the provisions under Section 19 of the Administrative Tribunals Act, 1985, who were then working as part-time Scavenger and part-time Sweeper respectively, under RMS ‘CT’ Division (Railway Mail Service Calicut Division) under the administrative control of the 5^th petitioner-1^st respondent Superintendent, RMS ‘CT’ Division, Kozhikode.

2. The applicants had approached the Tribunal in O.A.No.85 of 2014 seeking a declaration that the delay in making promotion to Group ’D’ vacancies remaining unfilled applying ‘failing which’ clause in column (11) of the Schedule to Annexure A3 Department of Posts (Group D Posts) Recruitment Rules , 2002 (for brevity, the Recruitment Rules , 2002) shall not deny them full-service benefits with effect from the date of their entitlement, which they would have earned but for the failure of the Department to act in accordance with the Recruitment Rules, 2002; and an appropriate order or direction, directing the respondents therein to take immediate steps for promoting the applicants to Group D, in the order of their seniority, against the existing vacancies reserved for casual labourers of RMS ‘TV’ Division (Railway Mail Service Trivandrum Division), which fall under 25% quota set apart for casual labourers under theRecruitment Rules , 2002 and to promote them to Group D from the respective dates of their entitlement, with all consequential benefits, forthwith and at any rate, within a time frame that may be fixed by the Tribunal.

3. The Tribunal, by Ext.P7 order dated 24.06.2016 allowed O.A.No.85 of 2014, directing respondents 1 to 5, the petitioners herein, to issue appropriate orders promoting the applicants to Group D, in the order of their seniority, against the existing vacancies reserved for casual labourers of RMS ‘TV’ Division, which existed in 2009 and prior to that date, as admissible under the roster points which fall under 25% quota set apart for casual labourers under the Recruitment Rules , 2002, within two months from the date of receipt of a copy of that order.

4. Feeling aggrieved, the petitioners-respondents 1 to 5 in O.A.No.85 of 2014 are before this Court in this original petition filed under Article 227 of the Constitution of India.

5. On 05.04.2017, when this original petition came up for admission, it was admitted on file. Respondents-applicants entered appearance through counsel.

6. Heard arguments of the learned Central Government Counsel for the petitioners-respondents 1 to 5 and the learned Senior Counsel for the respondents-applicants.

7. The learned Central Government Counsel contended that the finding of the Central Administrative Tribunal in Ext.P7 order dated 24.06.2016 in O.A.No.85 of 2014 that the applicants are entitled to be promoted to Group D, in the order of their seniority, as per the Recruitment Rules , 2002, against the existing vacancies reserved for casual labourers of RMS ‘TV’ Division, which existed in 2009 and prior to that date, is per se arbitrary and patently illegal, which is liable to be set aside by this Court. The applicants, who are only part-time casual labourers appointed in RMS ‘CT’ Division with effect from 05.11.1998 and 16.05.2000 respectively, would not fall under the employees mentioned in the method of recruitment prescribed in column (11), clause (ii)(a) to (d) of the Schedule to the Recruitment Rules , 2010, for filling up 25% of the vacancies of Group D posts in the Subordinate Offices in RMS ‘TV’ Division remaining unfilled after the recruitment from the employees mentioned at Sl.No.2.

8. The learned Central Government Counsel contended further that the applicants, who are part-time casual labourers, can seek promotion only in the vacancies remaining unfilled in the recruiting division or unit and not in the neig