B Raja Naik vs Post Ap Circle on 3 June, 2025

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Central Administrative Tribunal - Hyderabad

B Raja Naik vs Post Ap Circle on 3 June, 2025

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                                                                                                                          OA.No.811/2022

                                                                        CENTRAL ADMINISTRATIVE TRIBUNAL
                                                                          HYDERABAD BENCH, HYDERABAD
                                                                                (Circuit Sitting at Vijayawada)
                                                                       ORIGINAL APPLICATION No.020/0811/2022

                                                                                                  ORDER RESERVED ON 24.04.2025
                                                                                                  DATE OF ORDER: 03.06.2025

               HON'BLE DR. LATA BASWARAJ PATNE, JUDICIAL MEMBER
               HON'BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

               B. Raja Naik, S/o. Hanime Naik,
               Aged about 48 years, Occ: Grameen Dak Sevak GDS/MM,
               Head Record Office (HRO), Railway Mail Service (RMS),
               Tirupati - 517501 (Andhra Pradesh).
                                                                                                                  .... Applicant.

                                                                     (By Advocate Mrs. Rachna Kumari)

               Vs.

               1.                                              The Union of India, rep. by
                                                               The Director-General(Posts),
                                                               Department of Posts, Sansad Marg,
                                                               New Delhi - 110 001.

               2.                                              The Chief Postmaster General,
                                                               A.P. Circle, Vijayawada - 523 003.

               3.                                              The Postmaster General,
                                                               Kurnool Region, Kurnool - 518 002.

               4.                                              The Superintendent of RMS,
                                                               Tirupati Division, Tirupati - 517 501.

               5.                                              The Inspector of Posts, RMS,
                                                               Tirupati Division, Tirupati - 517 501.

               6.                                              The Head Record Officer(HRO),
                                                               Railway Mail Services(RMS),
                                                               Tirupati Division, Tirupati- 517501.

                                                                                                                   .... Respondents.

                                                                        (By Advocate Mrs. B. Gayatri Varma, Sr.CGSC)



                                                                                         ******




      Digitally signed by PANDIRLAPALLI SANDHYA
      DN: C=IN, O=CENTRAL ADMINISTRATIVE
      TRIBUNAL, OU=DEPARTMENT OF PERSONNEL

PANDIRL
      AND TRAINING, PostalCode=500004, L=
      Hyderabad, S=Telangana, STREET=NO 5-10-193
      1ST FLOOR HACA BHAWAN HYDERABAD,
      Phone=


 APALLI
      ec4f909cdddc28931061bef733616fb5c65493d179
      209a8c2cfaa0a510742c22, SERIALNUMBER=
      35e33c0d6e61374d1b11744a97265175a0ceaf8ba
      7768772f41813a4eb590082, E=needhee.2@
      gmail.com, CN=PANDIRLAPALLI SANDHYA


SANDHYA
      Reason: I attest to the accuracy and integrity of this
      document
      Location:
      Date: 2025.06.06 17:50:49+05'30'
      Foxit PDF Reader Version: 2024.3.0
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                                                                                                                              OA.No.811/2022

                                                                                         ORDER

PER: HON'BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

"....(a) to call for the records pertaining to Impugned Letter No.B-I/MTS/Sr GDS & PTCL/2021 dt. 02.11.2022 and Impugned Letter No.PMGK/RE/GDS-MTS/DPC/2021 dated 31.10.2022 rejecting the claim of the applicant for Promotion to the cadre of MTS under 50% quota of Seniority-Cum- Fitness among the GDS, and set aside the same declaring impugned letter dated 02.11.2022 and 31.10.2022 as arbitrary, illegal, unwarranted, misconceived in violation of Articles 14 & 16 of the Constitution of India;

(b) to direct the respondents to consider the claim of the applicant to grant promotion and salary to the post of MTS from the date of DPC i.e. 30.07.2021 as per his request made under the GDS rules as the applicant is working as Officiating MTS HRO - Tirupati; with all the consequential benefits; and be pleased to pass such other and further orders as the Hon'ble Tribunal may deem fit and proper in the circumstances of the case."

2. As prayed for by the Applicant, the Tribunal, vide its Interim Order, dt.

13.12.2022, issued direction as follows:

"....as an interim measure, Respondents are directed to maintain status quo obtaining as on date with regard to functioning of the applicant as MTS, HRO, Tirupati on officiating basis till the next date of hearing."

The Interim Relief continued to be in operation as per extension of the same from time to time.

Digitally signed by PANDIRLAPALLI SANDHYA

DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL PANDIRL AND TRAINING, PostalCode=500004, L= Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= APALLI ec4f909cdddc28931061bef733616fb5c65493d179 209a8c2cfaa0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba 7768772f41813a4eb590082, E=needhee.2@ gmail.com, CN=PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA.No.811/2022

3. The facts of the case, as submitted by the applicant, are summarized below:

i. The applicant was initially appointed as ED/MC, Chitlur BO, a/wNeelakantaraopet S.O, now GDS/MC, w.e.f. 01.08.1998. The applicant, who belongs to S.T.Community and is a physically handicapped candidate, with loss of 49% hearing, while working as ABPM/DakSevak, Level-2 Slab-2, applied for one time transfer, under Rule 3, which was rejected by the Respondent as there was no vacancy. The applicant filed OA No.521/2020 before this Tribunal which was allowed, vide Order, dt. 14.12.2020. The applicant was transferred to the RMS, Tirupati Division, and he joined there on 03.03.2021, under Rule 3 Transfer, and was placed below the junior most GDS working in the RMS, Tirupati Division, in seniority.

ii. The applicant, while working as such, was considered by the DPC held on 30.07.2021, for selection to the cadre of Multi Tasking Staff, under 50% quota for GDS, on the basis of seniority-cum-fitness, against the vacancies for the year 2021 of RMS, Tirupati Division, Tirupati. The total no. of vacancies were 4(UR-1, ST-1, OBC-1 & EWS-1). The applicant had rendered 23 years of service, in all, and the Committee recommended his candidature for promotion to the cadre of MTS, under seniority quota, subject to the approval of the RO, Kurnool, and placed his case before the DPC. Vide letters, dated 04.08.2021 and 10.08.2021, the 4th Respondent sought clarification from the 3rd Respondent, quoting OM, dated 22.01.2020, para No.1(viii), stating that past engagement periods will be counted for Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL PANDIRL AND TRAINING, PostalCode=500004, L= Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= APALLI ec4f909cdddc28931061bef733616fb5c65493d179 209a8c2cfaa0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba 7768772f41813a4eb590082, E=needhee.2@ gmail.com, CN=PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA.No.811/2022 assessing the eligibility for appearing in departmental examination as well as for annual increment. But the rule is silent on selection of GDS for MTS post under the seniority quota. When the rule is silent, the procedure is to consider the existing rules in favour of the applicant. As there was no reply from the 3rd Respondent, the applicant submitted application, dated 04.12.2021, online, under the Right to Information Act, but there was no response even then, so once again the applicant submitted another representation, dated

05.01.2022, to the 4th Respondent, to take necessary action for clearing his selection as MTS from the post of GDS, under 50% quota, on seniority-cum-fitness basis, to avoid losing his seniority, in future, on par with his juniors. The 3rd Respondent, vide Letter, dated 31.03.2022, stated to the 4th Respondent that the Circle Office, i.e., the 2nd Respondent, had sought clarification from the Directorate, i.e., the 1st Respondent, for selection as MTS from the post of GDS, which is still awaited, as was communicated to the 6th Respondent, vide Letter, dated 05.04.2022. While the matter was pending before the Respondents, the applicant was ordered to work as MTS, HRO-

Tirupati, on officiating basis, for 120 days, with immediate effect, vide letter, dated 28.04.2022, by the 5th Respondent. The Applicant took charge as MTS and engaged a substitute in the GDS post. He was then ordered to work as MTS, HRO-Tirupati, on officiating basis, for another 90 days, with immediate effect, vide letter, dated 07.09.2022, by the 5th Respondent. Thus, the applicant is continuing in the post of MTS, till date.

Digitally signed by PANDIRLAPALLI SANDHYA

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA.No.811/2022 iii. The Applicant submitted a representation to provide the DPC Minutes, dated 12.09.2022 and 13.09.2022, to the 4th Respondent. The 4th Respondent, vide proceedings, dated 17.10.2022, communicated to the 3rd Respondent that the matter was pending before the Directorate, for clarification, and the same is yet to be received from the Directorate.

iv. When the matter was pending before the 1st Respondent, the Applicant approached the National Commission for Scheduled Tribes and the Commission also took up the matter. He submitted a representation, dated 31.10.2022, to the 1st Respondent. The 3rd Respondents' office, issued the Impugned Order, dated 31.10.2022, to the 4th Respondent, rejecting the claim of the applicant, while intimating that the Applicant was not in the establishment of RMS "TP" Division, as on the crucial date of eligibility for the vacancy year 2021, i.e., 01.01.2021, and had joined the RMS "TP" Division, on 05.03.2021, on Rule 3 transfer, and he was the junior-most GDS in the RMS "TP"

Division, as on the date of the DPC, held on 30.07.2021. This was with the clarification in the Directorate letter No.17-31/2016-GDS(Pt-

1), dated 19.09.2022, which was communicated to the applicant, vide the Impugned Order, dated 02.11.2022, by the 4th Respondent to the 6th Respondent and, in turn, received by the Applicant. The Applicant again submitted a representation, dated 15.11.2022, to the 4th Respondent to which there is no response. Now, the Applicant is worried that if the DPC selects his juniors for the post of MTS, he will be forced to vacate the officiating post of MTS. Digitally signed by PANDIRLAPALLI SANDHYA

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA.No.811/2022

4. The grounds relied upon by the applicant, for seeking relief, are as follows:

i. The Impugned Orders, dated 31.10.2022 and 02.11.2022, are violative of the principles of natural justice, as the Directorate Memorandum, dated 15.07.2021, under the Limited Transfer Facilities to GDS Employees, it is clearly stated at para (viii), that past engagement period will be counted for assessing the eligibility for appearing in the departmental examination as well as for annual increment. GDS will not have to go back to the previous engagement/recruitment unit/Division. However, this would not act as a bar for applying to that old post/ old unit under the provisions of this OM. ii. It is further submitted that, as per the GDS(Conduct and Engagement) Rules also, the service rendered by the GDS in the parent Division would be counted for the purpose of eligibility for consideration for promotion as MTS through LDCE. But, the rule is silent with regard to counting of service rendered in the parent recruiting Division for consideration for promotion as MTS under seniority-cum-fitness basis on similar lines, as for the LDCE(the other stream of recruitment) as the Division is considered as a whole unit for appointment of GDS as MTS under seniority quota and not the Sub-Division(Transferee unit). As such, the Impugned Order, is illegal, arbitrary and against the principles of natural justice.

iii. Further, as per the Directorate letter, dated 19.09.2022, it is not clear whether the applicant can be considered for promotion as MTS under 50% quota on seniority-cum-fitness basis, when the Rule is silent Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL PANDIRL AND TRAINING, PostalCode=500004, L= Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= APALLI ec4f909cdddc28931061bef733616fb5c65493d179 209a8c2cfaa0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba 7768772f41813a4eb590082, E=needhee.2@ gmail.com, CN=PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA.No.811/2022 under the Directorate letter, dated 15.07.2021. It is stated that the applicant is eligible for consideration for promotion as MTS through LDCE. It is not stated, under what Rule he was not considered for seniority-cum-fitness, rejecting the claim of the applicant for promotion as MTS under seniority-cum-fitness, though the DPC had considered his name for promotion.

iv. The applicant has prayed to take cognizance of the illegality perpetuated vide the Impugned Orders, dated 31.10.2022 and 02.11.2022, of the Respondents, rejecting the claim of the applicant for promotion to the post of MTS under 50% quota of Seniority-cum-

Fitness among the GDS, on untenable reasons depriving the applicant of legitimate claim to promotion, by issuing arbitrary, illegal, unwarranted, misconceived orders, in violation of Articles 14 and 16 of the Constitution of India.

5. On notice, Respondents have put in appearance through their Counsel and filed a written reply stating that -

i. The Applicant (B RajaNaik) was appointed as ED/MC, Chitlur, a/w Neelakantaraopet SO, under the jurisdiction of Cuddapah Postal Dn., w.e.f. 01.08.1998. The Applicant was transferred from Cuddapah Postal Division to RMS "TP" Dn, Tirupati, under Rule-

3 Transfer and joined as GDSMM, HRO RMS "TP" Dn, on 05.03.2021. Since, the Applicant was transferred at his own request, he was ranked junior in the seniority list to all the GDS in RMS "TP" Dn, on the date on which he joined.

Digitally signed by PANDIRLAPALLI SANDHYA

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA.No.811/2022 ii. A notification (Annx.R-1) was issued for filling up of MTS vacancies of 2021 under 50% quota among GDS on the basis of Seniority-cum-fitness and 25% of quota by casual labourers on the basis of seniority-cum-fitness as per RRs 2018. The vacancies of 2021 under 50% quota among GDS on the basis of Seniority-cum- fitness in the division as on 30.07.2021 (DPC meeting date) were as follows:

                                                                     Division                  UR       SC    ST       OBC      EWS       Total
                                                                     RMS TP DIVISION           1        0     1        1        1         4

As per the seniority list of GDS of RMS TP Dn, Tirupati, as on 01.07.2021, there were two GDS working in the division:

Sl.No. Name of the GDS Date of entry Date on which in GDS GDS joined in cadre RMS "TP" Dn 1 V. Vijaya Kumar 10.11.2020 10.11.2020 GDS SRO RMS "TP" Nellore 2 B. Raja Naik, GDS HRO RMS 01.08.1998 03.03.2021 "TP" Tirupati As the official at Sl.No.1 had not completed 5 years of service and, hence, was not eligible for filling up of MTS vacancies 2021, and as there was no other GDS who had completed the minimum qualifying service of five years in RMS "TP" Dn, Tirupati, the Departmental Promotional Committee (DPC) recommended the candidature of Sri B Raja Naik by considering 23 years of his service in the GDS cadre for promotion to the cadre of MTS, subject to the approval of RO Kurnool. The remaining vacancies could not be filled up due to non-availability of eligible candidates.

Digitally signed by PANDIRLAPALLI SANDHYA

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA.No.811/2022 iii. Since, the above DPC minutes (Annx.R-2) were pending for approval, the Directorate was requested for clarification for processing the case further. In this connection, the Directorate, vide letter number-17-31/2016-GDS (Pt-I), dated 19.09.2022 (Annx.R-3), clarified that regarding filling up of MTS vacancies for the year 2021, the ruling furnished in the OM is as follows:

"When a GDS is transferred at his/her own request and the transfer is approved by the competent authority, she/he will rank junior in the seniority list of the new unit, to all the GDS of that unit who exist in the seniority list on the date on which he/she joins the new unit, except in case of transfer within the same engagement/recruitment Sub Division/Unit/Division."

iv. As per the clarification received, under the above OM, the ruling position was communicated to the Applicant through Respondent-

6, regarding non-consideration of his candidature for the post of MTS under seniority-cum-fitness among GDS for the year 2021, since the Applicant was not in the establishment of RMS TP Division, as on the crucial date of eligibility, i.e., 01.01.2021, as the Applicant had joined the RMS TP Division, on 05.03.2021, on Rule-3 transfer and the Applicant is the junior most GDS working in the RMS TP Division, as on the date of DPC, held on 30.07.2021. In the present case, the Applicant was not in the establishment of RMS, 'TP' Division as on crucial date of eligibility for the vacancy year 2021, i.e., as on 01.01.2021 and is the junior-most GDS in the RMS 'TP' Division, as on date of the DPC held on 30.07.2021. Further, the Applicant has not Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL PANDIRL AND TRAINING, PostalCode=500004, L= Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= APALLI ec4f909cdddc28931061bef733616fb5c65493d179 209a8c2cfaa0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba 7768772f41813a4eb590082, E=needhee.2@ gmail.com, CN=PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA.No.811/2022 completed 5 years of regular service in the Recruiting Division, i.e., in RMS TP Division, as on 01.01.2021. Hence, he is not eligible to be considered for the post of MTS in the RMS, 'TP' Division, Tirupati. Aggrieved with this, the Applicant has approached this Tribunal.

v. The Recruitment Rules for MTS 2018 are as follows:

"50% by direct recruitment on the basis of seniority cum fitness, from amongst GDS of the recruiting division who has worked regularly for five years in that capacity as on first day of January of the year to which the vacancy belong to."

As per the above RR 2018, the Applicant was not eligible, as he was not in the establishment of RMS TP Division as on the crucial date i.e., 01.01.2021 and also he has not completed five years of regular service of recruiting division i.e., RMS TP Division. As there is no other GDS who has completed minimum required qualifying service of five years since the Applicant rendered 23 years of service the DPC has recommended his candidature for the post of MTS under seniority quota subject to approval by Respondent-3."

vi. The applicant was considered for working as MTS on officiating basis in the vacant MTS post. The Applicant submitted representations, dated 13.06.2022, 26.07.2022 and 29.07.2022, regarding his selection to the post of MTS. The same were forwarded to Respondent No.3, vide the letters of Respondent No.4, dated 13.06.2022, 01.08.2022 and 02.08.2022, seeking clarification regarding his selection for the post of MTS. The Applicant submitted online RTI application, dated 12.09.2022, regarding supply of copies of the DPC Minutes, dated 30.07.2021 (DPC for the year 2021), 28.07.2022 (DPC for the year 2022) and the correspondence made by Respondent 4 with Respondent 3.

Digitally signed by PANDIRLAPALLI SANDHYA

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA.No.811/2022 The same were not supplied to the Applicant as there was no wider public interest involved and one cannot seek information in connection with his promotion prospects. The Applicant approached the National Commission for Scheduled Tribes, regarding his selection, vide his representation, dated 13.06.2022. Respondent 4 submitted para-wise comments on the representation of the Applicant to Respondent 3, vide letter no. B-I/MTS/Sr.GDS & PTCL/2021, dated 17.10.2022 (Annx. R-4). Respondent 3 intimated, vide letter no. PMGK/RE/GDS-MTS/DPC/2021, dated

31.10.2022 (Annx.R-5), that the Applicant was not in the establishment of RMS TP Division, as on the crucial date of eligibility, for the vacancy year 2021, i.e., 01.01.2021, as per the clarification received from Respondent 1, vide letter, number 17- 31/2016-GDS (Pt-I), dated 19.09.2022 (Annx.R-3). The clarification received from the Respondent is reproduced hereunder:

"When a GDS is transferred at his/her own request and the transfer is approved by the competent authority, she/he will rank junior in the seniority list of the new unit, to all the GDS of that unit who exist in the seniority list on the date on which he/she joins the new unit, except in case of transfer within the same engagement/recruitment Sub Division/Unit/Division."

The same was communicated to the Applicant, vide Respondent 4 letter no. B-1/MTS/Sr.GDS & PTCL/2021 dated 02.11.2022 (Annx.R-6) through Respondent 6.

Digitally signed by PANDIRLAPALLI SANDHYA

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 12 OA.No.811/2022 vii. It is argued that, as per the clarification received from Respondent 1 and the Recruitment Rules for MTS-2018, the Applicant is not eligible for selection to the post of MTS as the Applicant is not having five years of minimum qualifying service in the RMS TP Division and he was ranked junior to the GDS working in the Division. Thus, the respondents have prayed to dismiss the OA with costs.

6. Respondents have further argued through the Addl. Reply, as follows:

i. It is submitted that, in the instant case, the applicant was transferred from Cuddapah Division to the RMS, 'TP' Division and, thus, his Recruitment Unit had changed. Hence, as per Condition No. (ix) of the Guidelines issued on Limited Transfer Facility, vide D/o. Posts letter no. 17-31/2016-GDS, dated 15.07.2021, (Annexure R-2), corresponding to Condition No. (viii) of the Guidelines, vide Lr., dt. 22.01.2020 (Annx.R-1), the applicant is ranked junior to all the GDS of the RMS 'TP' Division, Tirupathi, as on the date of his joining as GDSMM in the RMS TP Division, Tirupati.

ii. It is submitted that as per the Department of Posts (Multi Tasking Staff) Recruitment Rules, 2018, notified in GSR 781(E), dated 16.08.2018 (Annexure R-3), the vacancies in MTS posts in Subordinate Offices were filled as under:

"(i) 50% by direct recruitment on the basis of seniority-cum-

fitness, from amongst Gramin Dak Sevaks of the recruiting Division, who have worked regularly for five years in that capacity, as on 1st day of January of the year to which the vacancy(ies) belong to or as per the guidelines issued by the Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL PANDIRL AND TRAINING, PostalCode=500004, L= Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= APALLI ec4f909cdddc28931061bef733616fb5c65493d179 209a8c2cfaa0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba 7768772f41813a4eb590082, E=needhee.2@ gmail.com, CN=PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 13 OA.No.811/2022 Government of India from time to time, failing which, the unfilled vacancies shall be added to the number of vacancies to be filled as per (ii) below..."

iii. The Directorate, vide letter no.17-31/2016-GDS (Pt-I), dated 19.09.2022, (Annexure R-4) had clarified that regarding filling up of MTS vacancies for the year 2021, the ruling furnished in the OM is as hereunder.

"When a GDS is transferred at his/her own request and the transfer is approved by the competent authority, she/he will rank junior in the seniority list of the new unit, to all the GDS of that unit who exist in the seniority list on the date on which he/she joins the new unit, except in case of transfer within the same engagement/recruitment Sub Division/Unit/Division."

Since, the applicant joined in RMS 'TP' Division on Rule-3 Transfer on 05.03.2021, he ranks junior in the Seniority List. He also did not work regularly for five years as GDSMM, as on the 1st day of January of 2021, as per the Recruitment Rules for the post of MTS- 2018.

In view of the above, the applicant is not eligible to be considered for the post of MTS, as he did not fulfill the recruitment conditions.

iv. Further, it is submitted that the applicant is the junior-most GDS and there is one GDS ahead of him in the GDS Seniority List of RMS TP Division, Tirupati. Moreover, the applicant was not in the seniority list of GDS, as on the 1st January of the vacancy year of 2021, in the RMS TP Division, Tirupati, and, thereby, does not fulfil the service Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL PANDIRL AND TRAINING, PostalCode=500004, L= Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= APALLI ec4f909cdddc28931061bef733616fb5c65493d179 209a8c2cfaa0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba 7768772f41813a4eb590082, E=needhee.2@ gmail.com, CN=PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 14 OA.No.811/2022 eligibility criteria prescribed in the MTS Recruitment Rules, 2018, [Annexure R-3]. Thus, there is nothing wrong in not granting promotion/appointment to the cadre of MTS in RMS TP Division, Tirupati under 50% GDS Seniority cum fitness quota, despite consideration of his candidature by the DPC.

7. It is also submitted that the applicant was permitted to appear in the Limited Departmental Competitive Examinations (LDCE)/Competitive Examinations conducted from time to time for appointment to the cadre of Postal Assistant/Sorting Assistant/Postman/Mail Guard/MTS on the basis of his application, as per rules/guidelines on the subject. Thus, the action of the Department is completely in consonance with the relevant recruitment rules and other instructions/guidelines issued by the Postal Directorate from time to time.

8. Respondents have relied upon the following decisions of the Hon'ble Apex Court of India:

(a) Union of India and others Vs Majji Jangammayya and others (AIR 1977 SC 757):

"That questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/ abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy and within the exclusive discretion and jurisdiction of the State."

"It is not for the statutory tribunal, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State. The Rules dealing with eligibility criteria which include the age limit, therefore, having been prescribed by the Government of India under its exclusive jurisdiction, the Tribunal could not Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL PANDIRL AND TRAINING, PostalCode=500004, L= Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= APALLI ec4f909cdddc28931061bef733616fb5c65493d179 209a8c2cfaa0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba 7768772f41813a4eb590082, E=needhee.2@ gmail.com, CN=PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 15 OA.No.811/2022 have substituted its views that the said age limit ought not to be applied while considering the case of the respondent."

(b) PU. Joshi and others Vs. Accountant General, Ahmedabad and others (2003(2) SCC 632):

"Determination of conditions of service, alteration thereof by amending rules, constitution, classification or abolition of posts, cadres or categories of service, amalgamation, bifurcation of departments, reconstitution, restructuring of the pattern etc, all pertain to executive policy and within exclusive discretion of the State"

"Government servants have only right to safeguarding rights or benefits already earned, acquired or accrued but they cannot challenge the authority of State to make such amendments or alterations in rules. Nor can Tribunal interfere with the exclusive discretionary jurisdiction of the state."

"The matters relating to creation/ abolition of posts, formation/restructuring of cadres, sources/ mode of recruitment, prescription of qualification, selection criteria, evaluation of services, records are matters which fall in the employer's domain. Judicial review comes into play only if the action is contrary to constitutional or statutory provisions or is patently/arbitrary or vitiated by mala-fides."

(d) Union of India & Others Vs. Basudeva Dora & Others in 2003-SCC (LPS-191):

"It is within the competency of the State to change the rules relating to a service and it is not for the statutory Tribunals to direct the Government to have a particular method of recruitment or eligibility criteria or avenues for promotion".

In view of the above, the Respondents contended that the OA was fit for dismissal.

9. Heard both sides and perused the records.

10. It is an admitted fact that the applicant sought transfer from Cuddapah Division while working as GDS and was engaged as GDSMM at RMS Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL PANDIRL AND TRAINING, PostalCode=500004, L= Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= APALLI ec4f909cdddc28931061bef733616fb5c65493d179 209a8c2cfaa0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba 7768772f41813a4eb590082, E=needhee.2@ gmail.com, CN=PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 16 OA.No.811/2022 'TP' Division. w.e.f. 05.03.2021. He even knocked at the doors of this Tribunal in order to get transferred as such on his own request and OA No.521/2020, filed by him against rejection of his transfer request, was disposed of with a direction to the respondents to consider the request of the applicant for transfer as per the extant Rules and in accordance with law. Interestingly, in OA No.521/2020, the Applicant had invoked, among others, the ground that the OM, dt. 20.01.2020 provided for request transfer to GDS officials. Thus, it was on account of his conscious and persist effort that the applicant was allowed a shift from the Cuddapah Division, otherwise, he would have continued there. Having achieved his objective of transfer, under the Rules, he was rightly ranked junior-most in the seniority list of the new unit, vis-a-vis other GDS's of that unit, as per the applicable conditions in the OM relied upon by him in his earlier OA.

11. Subsequently, when promotions under the Dept. of Posts (Multi Tasking Staff) Recruitment Rules, 2018, were taken up, as there was no GDS who had completed the minimum qualifying service of five years in this division, the Committee recommended his candidature for promotion to the cadre of MTS, subject to the approval of RO, Kurnool. However, such a recommendation cannot be treated as creation of equity in his favour.

12. The Directorate, vide letter no.17-31/2016-GDS (Pt-I), dated 19-09-2022, (Annx.R-4) had clarified the position regarding filling up of MTS vacancies for the year 2021, by citing the ruling furnished in the relevant OM that since, the applicant had joined the RMS 'TP' Division on Rule-3 Transfer on 05.03.2021, he ranks junior in the Seniority List. He had not completed 5 years in the new unit. In view of the above, the applicant is not eligible to be considered for the post of MTS.

Digitally signed by PANDIRLAPALLI SANDHYA

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 17 OA.No.811/2022

13. The rule for recruitment of MTS, as per the Notification dt. 16.08.2018, regarding eligibility, is as follows:

"Method of recruitment whether by direct recruitment or by promotion or by deputation/absorption and percentage of the vacancies to be filled by various methods:

(10)

(i)50% by direct recruitment on the basis of seniority-

cum-fitness, from amongst Gramin Dak Sevaks of the recruiting Division, who have worked regularly for five years in that capacity, as on 1st day of January of the year to which the vacancy(ies) belong to or as per the guidelines issued by the Government of India from time to time..."

14. The rule position, highlighted by the Respondents was communicated to the applicant through the HRO, Tirupati, regarding non-consideration of his candidature for the post of MTS, under seniority-cum-fitness, among the GDS, for the year 2021, since he was not in the establishment of RMS, TP Division, as on the crucial date of eligibility, i.e., 01.01.2021, since he had joined the RMS, TP Division, on 05.03.2021, on Rule-3 transfer and he was placed as the junior-most GDS working in RMS, TP Division, as on the date of the DPC meeting held on 30.07.2021.

15. As regards the rules above, there is no ambiguity and no exception can be made in the case of the Applicant under the circumstances explained supra.

16. Prayer has also been made that the applicant, having been allowed to work as an MTS, in officiating capacity, should be allowed to continue as such till he is considered by the DPC. It is to be noted that, vide orders dt.

28.04.2022 and 07.09.2022, the applicant had been ordered to work as MTS on officiating basis for 120 days and 90 days, respectively. In the Order, dt.

07.09.2022, it was mentioned clearly that:

Digitally signed by PANDIRLAPALLI SANDHYA

DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL PANDIRL AND TRAINING, PostalCode=500004, L= Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= APALLI ec4f909cdddc28931061bef733616fb5c65493d179 209a8c2cfaa0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba 7768772f41813a4eb590082, E=needhee.2@ gmail.com, CN=PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0 18 OA.No.811/2022 "The official should clearly understand that the arrangement is purely temporary and this will not confer them any right for regular absorption or seniority in the MTS Cadre and this arrangement can be terminated at any time without assigning any reason and without any notice."

The Applicant accepted the order, for working in officiating capacity as MTS, without questioning it or challenging the conditions. Nothing gives him the right to claim that the officiating arrangement should be treated as permanent till he gets past the DPC for regular appointment as MTS. It is also on record that the applicant has been trying his luck in the LDCE for promotion.

17. In view of the discussion above and in the light of the extant rules and the settled law, vide the judgments of the Hon'ble Supreme Court supra, we find no grounds to interfere with the impugned orders.

18. No statutory right has been infringed, which could call for judicial intervention. The OA is, therefore, dismissed. Interim Order in the matter is vacated.

19. Pending applications, if any, stand closed. No order as to costs.

(Varun Sindhu Kul Kaumudi) (Dr.Lata Baswaraj Patne) Administrative Member Judicial Member 03.06.2025 /Ram/ Digitally signed by PANDIRLAPALLI SANDHYA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL PANDIRL AND TRAINING, PostalCode=500004, L= Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone= APALLI ec4f909cdddc28931061bef733616fb5c65493d179 209a8c2cfaa0a510742c22, SERIALNUMBER= 35e33c0d6e61374d1b11744a97265175a0ceaf8ba 7768772f41813a4eb590082, E=needhee.2@ gmail.com, CN=PANDIRLAPALLI SANDHYA SANDHYA Reason: I attest to the accuracy and integrity of this document Location:

Date: 2025.06.06 17:50:49+05'30' Foxit PDF Reader Version: 2024.3.0

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