(Reserved on 13.02.2026)

Central Administrative Tribunal, Allahabad Original Application No.1403 of 2011 Pronounced on this the 18th Day of February, 2026 Hon’ble Mr. Justice Om Prakash VII, Member (J)

Hon’ble Mr. Mohan Pyare, Member (A)

1. Jitendra Prasad Mishra S/o Late J.P. Mishra aged about 52 years, Presently posted as GDS Packer, Sub Post Office, Mohanganj, Shahjahanpur. R/o Masjidganj Chowk, Shahjahanpur.

2. Virendra Kumar Tripathi S/o Late R.R.P. Tripathi aged about 52 years, GDS Mail Carrier, Branch Post Office Rajanpur, Presently posted as GDS Charkhamba, Sub Post Office, Shahjahanpur. R/o

108 Kesarnagar Colony, Shahjahanpur.

…Applicants By Advocate: Shri Ashish Srivastava Versus

1. Union of India through Secretary, Ministry of Post and Telecommunication, Department of Post, Dak Bhawan, New Delhi.

2. Director General Posts, Dak Bhawan, New Delhi. 3. Chief Post Master General, U.P. Circle, Lucknow.

4. Post Master General, Bareilly Region, Bareilly.

5. Superintendent of Post Offices, Shahjahanpur.

6. Sri Awadhesh Kumar, Presently posted as Postman North Sub Division, Shahjahanpur.

7. Sri Rajesh Kumar, Presently posted as Postman, Head Post Office, Shahjahanpur.

…Respondents By Advocate: Shri Krishna Kumar Ojha

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“i) This Hon’ble Court may graciously be pleased to quash the impugned order dated 04.11.2009 (Annexure A-1 to this original application) passed by respondent No.5.

ii) This Hon’ble Court may graciously be pleased to quash the impugned order dated 18.01.2010 (Annexure A-2 to this original application) passed by respondent No.3.

iii) This Hon’ble Court may graciously be pleased to direct the respondents to promote the applicants on the post of Postman against the vacancy of the year 2007 and 2008 respectively taking into account the eligibility of the applicants on the aforesaid each year and give all consequential benefits to them.

iv) Any other relief, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicants.

v) Award the costs of the original application in favour of the applicants.”

2. The brief facts of the case as narrated in the O.A. are that the applicant nos. 1 and 2 were working as Gramin Dak Sewak in the office of the respondents and they were initially appointed as GDS Packer on 15.09.1978 and GDS Mail Carrier on 17.01.1979 respectively. As per the existing procedure contained in the GDS rules, there are certain quotas prescribed for promotion of the GDS cadre and their departmentalization against the post of Departmental Postman and Group-D. In view of the same, for recruitment against the vacancies in the cadre of Postman, 50% quota is fixed for promotion for the departmental Group-D officials and the remaining 50% of the vacancies are for outsider quota and are filled from the ED Agents (now GDS). The aforesaid rule further specifies that the outsider quota is further divided into two half wherein 50% of the vacancies are filled from the ED against which have put in three years (now five years) regular service and are within the age limit on the basis of merit in examination. The remaining 50% of the vacancies are filled on the basis of the length of service in the GDS cadre. The applicants state that the respondents did not initiate any exercise for filling up of the vacancies year wise under direct promotion quota on the basis of length of service and then vide a notification dated 08.09.2009, respondent no.5 announced the vacancies for Postman cadre, departmental and direct quota, for the year 2006, 2007, 2008 and 2009 clubbing the vacancies fallen vacant from 2006 to 2009. Among the outsider quota, three posts were to be filled by way of examination and remaining four vacancies were to be filled on the basis of seniority and length of service in the GDS cadre. Applicant n