CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH Dated, the 12^th day of June, Two Thousand Twenty Five CORAM :

HON’BLE MR.M.SWAMINATHAN, MEMBER (J)

&

HON’BLE MR.SANGAM NARAIN SRIVASTAVA, MEMBER (A)

M.KATHAN, No.67A, Pattabi Chetty Street, Pettavaithalai-639112, Tiruchirapalli District … Applicant By Advocate .. M/s.P.Rajendran Vs

1. The Union of India represented by the Chief Post Master General, Tamil Nadu Circle, Chennai-600002

2. The Post Master General, Trichy Region, Trichy

3. The Superintendent of Post Offices, Karur Division, Karur … Respondents By Advocate … Ms.Shakila Anand

ORDER

(Pronounced by Hon'ble Mr.Sangam Narain Srivastava, Member(A))

The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“To direct the respondents (1) to (3) to absorb him in Group-D post with effect from the date when his turn reached in accordance with his seniority as per Part-II of the Schedule under the Department of Posts (Group- D Posts) Recruitment Rules, 2002 and in the light of the orders passed in Ο.Α.Νο.1051/2010 etc batch by taking into account the vacancies that have occurred year wise from the year

2002 and grant him all consequential benefits.”

2. The brief facts of the case as stated by the applicant are as follows:

2.1 The Applicant is working as Multi Tasking Staff in Karur Division. He has been working continuously ever since the date of his appointment. The Department of Posts (Group-D Posts) Recruitment Rules, 2002 prescribe the methods of filling up the vacancies in Group-D posts. These posts belong to the General Central Service Group-D Non Gazetted posts carrying the V CPC pay scale of Rs. 2550-55-2660-60- 3200. In respect of direct recruitment, the Department issued an Office Memorandum making approval of the screening committee a pre- requisite for filling up such posts. The said provision applies only to direct recruitment and not to the absorption of the Gramin Dak Sevaks/Casual Labourers. As per the statutory rules, the remaining vacancies of Group- D, after recruitment from non test category of Group-D employees mentioned in Sl.No.2 of Part-II. have to be filled up from the categories of GDS and Casual Labourers in the ratio of 75%:25%. 2.2 A batch of original applications were filed by the GDS of various Divisions in Kerala State before the Ernakulam Bench of this Tribunal in O.A.No.314/2008 etc. praying for filling up the 75% of the vacancies in Group-D as per the above said statutory rule. All the original Applications were allowed by the Ernakulam Bench directing the Department to take action to fill up the Group-D vacancies as per the above said statutory rule and holding that clearance of the Screening Committee is not necessary for absorbing the GDS/Casual Labourers. The Department filed W.P (C) No.28574/2009 etc against the orders of the Emakulam Bench. The Hon'ble Division Bench of the Kerala High Court was pleased to dispose the said Writ Petitions with directions. The Hon'ble Division Bench of the Kerala High Court also rejected the contention of the Department that the vacancies remaining unfilled in a particular year would vanish by the end of the year. The Hon'ble Division Bench held that the vacancies remaining unfilled in a particular year are to be carried forward to the subsequent years, since vacancies are not of a year but in the Group-D cadre. The Ernakulam Bench of this Tribunal has already directed in O.A.312/2008 etc. batch of cases that if the GDS/Casual labourers were within the age limit of 50 years as on the date of availability of vacancies, notwithstanding the fact that they may by now be over aged their cases should also be considered if otherwise found fit subject to their being sufficiently senior for absorption in Group-D posts.

2.3 As per the above mentioned judgments, the respondents should calculate the vacancies remaining unfilled from the year 2002 and fill up the vacancies by absorbing the GDS/ Casual labourers witho