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   (a) 	75% quota 			649
      (b)	19% quota 			165
   (c)	6% quota 			52
      
      TOTAL 			866
      

4. On 3.2.2010, an order was issued by which it was decided to constitute a separate cadre of Postmasters by carving them out from the existing general line cadre posts and Postal Services Group B of Postal Wing and to designate them as Senior Postmaster, Postmaster Grade III, Postmaster Grade II and Postmaster Grade I. On the basis of this a letter was issued on 22.11.2010 stating therein that in the wake of introduction of technology, challenges from the market and to increase productivity, it is absolutely essential to ensure that key post offices are headed by the professional managers (Annexure A-5). In order to ensure that professionally qualified, trained and meritorious officials held the key post offices, it has been decided to introduce a separate cadre of Postmasters. The posts were to be carved out from the existing general line posts, instead the posts of Senior Postmaster were carved out from the total strength of General line and Inspector line. The number of Senior Postmasters posts has been calculated as 116. It was also mentioned in para 5 of the letter dated 22.11.2010 that initial constitution of various grades of Postmaster shall be done by inviting options/applications from the existing incumbents of LSG, HSG II, HSG I in post offices and Postal Services Group B. Some of the members of the Association had been promoted in Postal Services Group B and are awaiting promotion against 75% Quota. However, no options were called from them being not eligible. Thereafter owing to fresh notification dated 22.11.2010, none of the senior Inspectors/Asst Supdt Post Offices, awaiting promotion for 649 posts (75% Quota) would be eligible for opting as Senior Postmaster as 100% promotion to Senior Postmaster from Inspector line officials is through Limited Departmental Competitive Examination. From the letter dated 9.2.2011, issued by the respondent no.2 it was clear that applications had been invited only from the Postal Service Group B officials including Senior Postmaster working on regular basis (Annexure A-6).

5. Total posts in Postal Group B services under 75% quota, 19% quota and 6% quota are 866 and 116 posts have been carved out from 866 posts meaning thereby that the quota has to be read keeping in view the remaining posts, which are 750 if the 2010 rules are to be applied which the applicants challenge. In case this was not so, the respondents would have called options from the younger officials promoted and working in Postal Group B services under 19% and 6% quota. This has been admitted by the respondents in their letter dated 31.5.2010 when applicants sought information under the RTI Act, after the issuance of the letter dated 3.2.2010 (Annexure A-7). On the basis of this letter, the recruitment rules have been notified as Department of Posts, Senior Postmaster (Group B Gazetted), Postmaster (Grade III and II- Group B Non-Gazetted) and Postmaster (Grade I, Group C non-Gazetted) Recruitment Rules, 2010 (Annexure A-8). According to these rules, 25% of the posts of senior Postmaster are required to be filled by promotion and 75% are to be filled through Limited Departmental Competitive Examination in the following manner:

10. It has also been mentioned in the written statement that total number of posts apportioned to IPO Line and General line after amendment of existing RRs of Postal Superintendent Gr.B remains to be settled and to this extent O.A. is premature.

11. Arguments advanced by learned counsel for the parties were heard when learned counsel for the applicant reiterated the facts and grounds taken in the O.A. He stated that as per the 1987 Rules, the number of posts of Superintendent/Postmaster Gr. B Service Recruitment Rules mentioned therein was 790 and this figure could not have been varied without there being amendment of the Rules. Hence action of the respondents in taking away 116 posts from this cadre and designating these as Senior Postmaster was highly irregular. He stated that the LDCE examination for promotion to the cadre of Senior Postmaster (Gazetted) could not be held as notified vide letter dated 03.10.2011 (Annexure A-1), since there was no mention therein of the number of posts to be filled through this examination. The respondents had themselves stated in response to a RTI application that there were no vacancies available in the Group B cadre. Hence it was not understood as to why the LDCE was proposed to be held. He also stated that relief clause 8(ii) had been rendered infructuous and he was not pressing for the same.

13. We have given our careful consideration to the matter. The claim made in the O.A. that the promotion to the posts notified by the Postal Department should continue under the Rules of 1987, is clearly unreasonable since the department has notified the Department of Posts, Senior Post Master (Group B Gazetted), Postmaster (Grade III and II-Group B non-Gazetted) and Postmaster (Grade I, Group C non-Gazetted) Recruitment Rules, 2010 on 09.09.2010. Therefore, any selection to these posts after the September 2010 has to take place in accordance with these Rules. Moreover, through the circular dated 03.10.2011, the applications were invited for LDCE for the post of Senior Postmaster (Gazetted) and Rules for these posts had only notified on 09.09.2010. The O.A. is therefore held to be without merit and is dismissed.