IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.11.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P. DHANABAL W.P.Nos.31098 and 31282 of 2019 and WMP Nos. 31218 and 31429 of 2019

1. The Chief Postmaster General, Tamilnadu Circle, Chennai 600 002.

2. The Postmaster General, Western Region, Coimbatore 641 002.

3. The Superintendent of Post Offices, Namakkal Division, Namakkal 637 001. ... Petitioners in both writ petitions Vs.

1. P.Krishnamurthi ... first respondent in W.P.No.31098/2019

1. S.Ramasamy ... first respondent in W.P.No.31282/2019

2. The Registrar, Central Administrative Tribunal, Chennai. ... Second respondent in both writ petitions Prayer in W.P.No.31098/2019: Writ petition filed under Article 226 of Constitution of India to issue a writ of certiorari, calling for the records relating to the order passed by the second respondent dated 02.08.2018 in O.A.No.310/01087/2014 and quash the same.

Prayer in W.P.No.31282/2019: Writ petition filed under Article 226 of Constitution of India to issue a writ of certiorari, calling for the records relating to the order passed by the second respondent dated 02.08.2018 in O.A.No.310/01086/2014 and quash the same.

In both writ petitions For petitioner : Mr.V.Chandrasekaran For Respondents : No appearance for first respondent R2 - Tribunal COMMON ORDER (Order of the Court was delivered by D.KRISHNAKUMAR, J.)

Both the writ petitions have been filed, as against the common order passed by the Tribunal in O.A.No.01086, 01087/2014, dated 2.8.2018, in and by which, the petitioners/Department was directed to grant promotion to the first respondent herein in the writ petitions to the post of HSG-I on par with their juniors.

2. The brief facts leading to the filing of the writ petition is as follows: The first respondent in W.P.No.31098, 31282/2019 had joined as Postal Assistant in the postal Department on 7.12.1969 and 2.5.1966 respectively and subsequently, they were promoted to the post of LSG on 10.12.1985 and 30.11.1983 respectively and further they were promoted as HSG-II on 01.01.1996 and 1.7.1992 respectively. Thereafter, they retired from service on superannuation on 31.01.2008 and 31.08.2004 respectively.

2.1. It is the contention of the first respondent that in the writ petitions, they were figured at Sl.No.1830 and 981 respectively in the gradation list of HSG-II officials, as on 01.07.1997. However, their juniors were promoted to the post of HSG-I on different dates from the year 2001 to 2007, overlooking their seniority. Therefore, they have given representation dated 25.02.2013 and 19.04.2013 respectively, requesting the Department to promote them as HSG-I from the year 2001 onwards and to give monetary benefits, including, enhancing penstionary benefits. But, the petitioners Department has refused their claim, vide impugned order dated 11.12.2013, stating that the first respondent in both the writ petitions were not promoted as LSG grade or HSG Grade-II, during their tenure of service. But, in the letter under RTI enquiry dated 9.4.2013, the first respondent (P.Krishnamurthy in W.P.No.31098/2019) name has been found place in serial No.1830 at page No.103, and in column No.5 and 6, it has been stated that the date of promotion to the post of LSG was on 10.12.1985 and the date of promotion to the post of HSG-II was on 01.01.1996. Like wise, the first respondent (S.Ramasamy in W.P.No.31282/ 2019) name has been found place in serial No.981 at page No.55, and in column No.5 and 6, it has been stated that the date of promotion to the post of LSG was on 30.11.1983 and to the promotion to the post of HSG-II was on 01.07.1997. Therefore, the contention of the Department that the first respondent in the writ petitions were not promoted to the post of LSG or HSG-II, during their tenure is not correct. As such, they filed original applications before the Tribunal seeking direction to the Department to give promotion to the post of HSG-I on par with their juni