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2015 Supreme(Mad) 1048
HIGH COURT OF JUDICATURE AT MADRAS
V. RAMASUBRAMANIAN & P.R. SHIVAKUMAR, JJ.
Union of India, Rep. by the Director General of Posts & Others – Petitioners
Versus
M. Muthukrishnan & Others – Respondents
W.P. No. 30975 of 2014 & M.P. No. 1 of 2014
Decided On : 24-02-2015
For the Petitioner: A.S. Chakravarthy, CGSC.
For the Respondents:R. Malaichamy, Advocate.
Once an official exercises an option to join a particular cadre for career progression, it is not permissible to switch to another line for promotion, as per the provisions of the Recruitment Rules and the communication dated 22.11.2010.
Headnote:
Postal Services Group-B Examination - Departmental Competitive Examination - Postal Services Group-B Recruitment (Amendment) Rules, 1993 - Communication dated 22.11.2010 - The court discussed the creation of a separate cadre of Postmasters and the implications of exercising an option to join that cadre. It highlighted the provisions of the Recruitment Rules and the communication, emphasizing that once an official opts for the Postmaster cadre, further career progression must be within that hierarchy.
Fact of the Case:
The Union of India challenged an order of the Central Administrative Tribunal, allowing Postal Assistants who were promoted to Postmasters to appear for the Limited Departmental Competitive Examination for promotion to the cadre of Postal Services Group-B.
Finding of the Court:
The court found that the respondents, who opted to become Postmasters, were bound by their choice and could not switch to the General Line seeking promotion to Group-B posts.
Issues: The main issue was whether the respondents, after opting for the Postmaster cadre, could switch to the General Line for promotion to Group-B posts.
Ratio Decidendi: The court held that the respondents were bound by the option they exercised to join the Postmaster cadre, as per the provisions of the Recruitment Rules and the communication dated 22.11.2010.
Final Decision: The writ petition was allowed, the order of the Tribunal was set aside, and the Original Application filed by the respondents before the Administrative Tribunal was dismissed.
V. Ramasubramanian, J.
1. This writ petition is filed by the Union of India, represented by the Director General of Posts, challenging an order of the Central Administrative Tribunal, allowing the claim of the respondents herein to appear for the Limited Departmental Competitive Examination for promotion to the cadre of Postal Services Group-B.
2. We have heard Mr.A.S.Chakravarathy, learned Central Government Standing Counsel for the petitioners and Mr.R.Malaichamy, learned counsel for the respondents.
3. The respondents 1 to 7 herein were originally appointed as Postal Assistants on various dates, during the period from 1982 to 1991. All of them were promoted to Lower Selection Grade, after coming out successful in competitive examination, in May, June, July and November 2004. The respondents 1 to 5 were subsequently promoted to the post of Higher Selection Grade II (HSG-II) in the years 2008 or 2009 or 2010.
4. On 22.11.2010, the Department of Posts issued a communication, introducing separate cadre of Postmasters comprising four different grades namely: (1) Senior Postmaster (2) Postmaster Grade-III (3) Postmaster Grade-II and (4) Postmaster Grade-I. These posts were carved out of the posts from the existing General Line of posts.
5. As per paragraph 6 of the communication dated 22.11.2010, the Postal Circles were directed to call for options/applications from the willing officials holding the posts in the equivalent grades for appointment as Postmaster Grade-I, II and III respectively.
6. The respondents 1 to 7 herein exercised their option to go as Postmasters Grade-I, II and III. On the basis of the option so exercised, the respondents 1 to 7 were selected and appointed as Postmasters. While the respondents 6 and 7 joined as Postmaster Grade-I on 4.5.2011, the respondents 1 to 5 joined as Postmaster Grade-II on 18.4.2011 or 20.4.2011.
7. After the respondents joined duty as Postmasters, an examination was scheduled to be held for selection to Postal Services Group-B posts. The examination was scheduled to be held on 29.5.2011 and the respondents applied on 20.4.2011 and 22.4.2011. But they were not granted permission to appear for Group-B examination. Therefore, the respondents 1 to 7 joined together and filed an application in O.A.No.676 of 2011, on the file of the Central Administrative Tribunal, seeking a direction to the department to permit them to appear for the Limited Departmental Competitive Examination for promotion to Postal Services Group-B to be held on 29.5.2011. The said application was allowed by the Central Administrative Tribunal, by an order dated 9.4.2014. Aggrieved by the said order, the department has come up with the above writ petition.
8. The main contention of the department is that once a person has opted to take the Postmaster cadre, he is not eligible for switching over to Postal Services Group-B. The post of Postmaster Grade-I or Grade-II is not a feeder category for Postal Services Group-B posts. It has its own channel and hence the department feels aggrieved by the order of the Tribunal.
9. But the contention of the respondents is that as per the Postal Services Group-B Recruitment (Amendment) Rules, 1993, 19% of the posts are to be filled up on the basis of the Departmental Competitive Examination from among Inspectors of Post Offices and Inspectors of Railway Mail Services with five years of regular service and 6% of the total posts of Group-B shall be filled up on the basis of Departmental Competitive Examination from amongst the clerical line officials working in the Post Offices/Divisional Offices with five years of regular service in the Lower Selection Grade. According to the respondents, the clerical line included the post of Postal Assistants, Lower Selection Grade and Higher Selection Grade, before the creation of a separate cadre of Postmaster. Therefore, it is claimed by the respondents that on the date of the Notification for the Limited Departmental Competitive Examination 201
