Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 2914

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.M.VELUMANI, V.LAKSHMINARAYANAN, JJ.
Union of India – Appellant
Versus
The Registrar, Central Administrative Tribunal – Respondent
W.P.Nos.13611 of 2013, 13612 of 2013, 19757 of 2013, 20458 of 2013, 22760 of 2013, 22761 of 2013, 22762 of 2013, 22763 of 2013, 22764 of 2013, 22765 of 2013, 23992 of 2013, 30600 of 2013, 24042 of 2013, 24063 of 2013, 24064 of 2013, 24065 of 2013, 24066 of 2013, 24546 of 2013, 24547 of 2013, 24548 of 2013, 24549 of 2013, 24550 of 2013, 25820 of 2013, 26036 of 2013, 26037 of 2013, 26038 of 2013, 5481 of 2015, 5482 of 2015, 18776 of 2015 and M.P.s. (29 Nos.) and W.P.Nos.33654 of 2016, 34713 of 2016, 42044 of 2016, 42926 of 2016, 1071 of 2017, 1168 of 2017 and 4863 of 2017 and WMP.No.3196 of 2016
Decided on : 27-04-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr.AR.L.Sundaresan assisted by Mr.A.Kumara Guru, SGSC, Mr.Venkataswamy Babu, SPC Mr.P.G.Santhoshkumar, Mr.V.Vijay Shankar Mr.K.Gunasekar, SPCCG Mr.A.R.Sakthivel
For the Respondents: Mr.T.V.Krishnamachari, Mr.Veludas, Mr.V.Balasubramanian, M.Karthikeyan, Mr.R.Malaichamy , Mr.P.Rajendran, Mr.S.Ramasamy Rajarajan, Mr.Jerry V.V. Sundar, Mr.K.Kannan

The GDS are entitled to be absorbed in Group D posts on the basis of the Recruitment Rules, 2002, because the Recruitment Rules, 2002 provided a method of recruitment in Part - II, which contemplated how the vacancies should be filled up, the Office Memorandum dated 11.05.2001, which restricted direct recruitment to 1% of the total sanctioned strength of the Department, did not apply to the other modes of recruitment, including promotion, the respondents had not filled the vacancies from 2002 till the new recruitment rules came into force, and that the mistake could not be laid at the door of the petitioners, and the cadre of Group D got elevated to Group C with a name Multi Tasking Staff, and that it took away the right of the GDS employees to be considered for promotion against the vacancies from 2002 till 27.03.2009.

Headnote:
WRIT - Absorption of Gramin Dak Sevak (GDS) and Casual Labourers in Group D posts - Applicability of Department of Posts (Group D Posts) Recruitment Rules, 2002 or Multi Tasking Staff Recruitment Rules, 2010 - Whether GDS are entitled to be absorbed in Group D posts on the basis of the Recruitment Rules, 2002, or they have to be denied the said relief as the applicable rule will be Multi Tasking Staff Recruitment Rules, 2010 - Held, GDS are entitled to be absorbed in Group D posts on the basis of the Recruitment Rules, 2002.
Fact of the Case:

The petitioners, who are Gramin Dak Sevak (GDS) and Casual Labourers, filed writ petitions challenging the orders of the Central Administrative Tribunal (CAT) which had dismissed their applications seeking absorption in Group D posts in accordance with the Department of Posts (Group D Posts) Recruitment Rules, 2002. The petitioners contended that they were entitled to be absorbed in Group D posts on the basis of the Recruitment Rules, 2002, whereas the respondents contended that the applicable rules were the Multi Tasking Staff Recruitment Rules, 2010.
Finding of the Court:

The court held that the GDS were entitled to be absorbed in Group D posts on the basis of the Recruitment Rules, 2002. The court noted that the Recruitment Rules, 2002 provided a method of recruitment in Part - II, which contemplated how the vacancies should be filled up. The court also noted that the Office Memorandum dated 11.05.2001, which restricted direct recruitment to 1% of the total sanctioned strength of the Department, did not apply to the other modes of recruitment, including promotion. The court further noted that the respondents had not filled the vacancies from 2002 till the new recruitment rules came into force, and that the mistake could not be laid at the door of the petitioners. The court also rejected the argument that the cadre of Group D got elevated to Group C with a name Multi Tasking Staff, and that it took away the right of the GDS employees to be considered for promotion against the vacancies from 2002 till 27.03.2009.
Issues: 1. Whether the GDS are entitled to be absorbed in Group D posts on the basis of the Recruitment Rules, 2002, or they have to be denied the said relief as the applicable rule will be Multi Tasking Staff Recruitment Rules, 2010? 2. Whether the Office Memorandum dated 11.05.2001, which restricted direct recruitment to 1% of the total sanctioned strength of the Department, applied to the other modes of recruitment, including promotion?
Ratio Decidendi: The court held that the GDS were entitled to be absorbed in Group D posts on the basis of the Recruitment Rules, 2002, because: * The Recruitment Rules, 2002 provided a method of recruitment in Part - II, which contemplated how the vacancies should be filled up. * The Office Memorandum dated 11.05.2001, which restricted direct recruitment to 1% of the total sanctioned strength of the Department, did not apply to the other modes of recruitment, including promotion. * The respondents had not filled the vacancies from 2002 till the new recruitment rules came into force, and that the mistake could not be laid at the door of the petitioners. * The cadre of Group D got elevated to Group C with a name Multi Tasking Staff, and that it took away the right of the GDS employees to be considered for promotion against the vacancies from 2002 till 27.03.2009.
Final Decision: The court allowed the writ petitions and directed the respondents to absorb the petitioners in Group D posts in accordance with the Recruitment Rules, 2002.

ORDER :

V. LAKSHMINARAYANAN, J.

Prayer in W.P.No.13611 of 2013: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records of the 1st respondent passed the impugned order dated 22.05.2012 in O.A.No.581 of 2011 and quash the same.

These are Writ Petitions filed by the Union of India through the Director General of Posts seeking to set aside the order of the Central Administrative Tribunal in O.A.No.1051 of 2010, etc. and O.A.No.24 of 2011, etc. batch. in all numbering 27 Original Applications.

2. The case of the applicants is that the applicants are working as Gramin Dak Sevak (herein after referred to as the GDS) and as Casual Labourers on part time/full time basis in the Postal Department. They are working in several stations like Chennai, Coimbatore, Cuddalore, Vellore, Erode, Madurai, Trichy, Kanniyakumari, Tambaram, Kovilpatti, Virudhunagar and Tuticorin Divisions of the Postal Department. They had sought for a direction to the Postal Department to absorb them in service in accordance with Part II of the Schedule under the Department of Posts (Group D Posts) Recruitment Rules, 2002. The relief that had sought for before the Tribunal is extracted hereunder:

"To direct the respondents to absorb the applicants in Group D posts in accordance with Part - II of the Schedule under the Department of Posts (Group - D Posts) Recruitment Rules, 2002 and in the light of the orders passed by the Hon'ble Division Bench of the Kerala High Court in W.P.(C)No.28574/2009, etc., confirming the orders passed by the Ernakulam Branch of this Hon'ble Tribunal in O.A.No.314/2008, etc., and the orders issued by the Department of Post, Office of the Chief Post Master General, Kerala Circle in CO/LC/OA/47/08 dated 12.10.2009 by taking into account the vacancies that have occurred year wise from the year 2002 and absorb the applicants with effect from the date when their turn reached in accordance with their seniority and grant them all consequential benefits."

3. The Central Administrative Tribunal had by its order dated 22.06.2012 allowed the applications with the following directions:

“Accordingly, the respondents are directed to absorb those applicants who are eligible to be absorbed in Group D Posts in accordance with Part II of the Schedule under the Department of Posts (Group – D Posts) Recruitment Rules, 2002, in the light of the orders passed by the Hon'ble Division Bench of the Kerala High Court in W.P. (C) No.28574/2009 etc. confirming the orders passed by the Ernakulam Bench of the Tribunal in OA 314/2008 etc. by taking into account the vacancies that have occurred year wise from 2002, in accordance with their seniority and grant them all consequential benefits, by passing a reasoned order.

This exercise shall be complied with within a period of 3 months from the date of receipt of copy of this order. The OAs are disposed of. No order as to costs.”

Challenging the same, the first set of Writ Petitions have been filed.

4. After the disposal of these applications, another batch of GDS approached the Central Administrative Tribunal in O.A.No.1194 of 2012, etc., batch. Those Original Applications came to be dismissed in and by way of the order dated 08.01.2016. Challenging the order of dismissal, the GDS have filed the other set of Writ Petitions. As the issue raised in both the cases are one and the same, all the Writ Petitions were grouped and heard by us.

5. The arguments on behalf of the Union of India were led by Mr.AR.L. Sundaresan, learned Additional Solicitor General. On behalf of the respondents, we heard Mr.P. Rajendran, Mr.V. Vijay Shankar, Mr.G.Karthikeyan, Mr.S.Ramasamy Rajarajan and Mr.R.Malaichamy. The other counsels adopted the arguments of the learned counsels appearing for the respondents.

6. The issue in this batch is whether the GDS are entitled to be absorbed in Group D posts on the basis of the Recruitment Rules, 2002, or they have to be denied the sa