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HIGH COURT OF KERALA
ANIL K.NARENDRAN, MR. JUSTICE MURALEE KRISHNA S., JJ
Union Of India – Appellant
Versus
A.Mohandas S/o. The Late Arun – Respondent
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 5th petitioner-1st 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 therei
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 'n....
There is no vested right to promotion to selection posts. Vacancies are not required to be filled under repealed rules; instead, candidates are entitled to consideration only under the rules in force....
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
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