Jithesh Kumar A.P vs Union Of India
2024 Latest Caselaw 6187 Ker

Kerala High Court

Jithesh Kumar A.P vs Union Of India on 29 February, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                              &
       THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
 THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
                            1945
                   OP (CAT) NO. 24 OF 2021
OA NO.180/00159/2017 OF CENTRAL ADMINISTRATIVE TRIBUNAL,
                         ERNAKULAM


PETITIONERS/APPLICANTS 1, 5 & 6 IN OA:

   1      JITHESH KUMAR A.P
          AGED 34 YEARS
          S/O. A.P. KRISHNAN, GDS BPM, ERAVIMANGALAM -
          679340, MANJERI DIVISION, DEPARTMENT OF POSTS,
          RESIDING AT ALIKKAL PARAMBIL HOUSE, CHERUKARA
          (P.O), PERINTHALMANNA, MALAPPURAM - 679340.

   2      AMBILY PAULOSE
          AGED 36 YEARS
          D/O.V.J.PAULOSE, GDSMD, KIZHAKOMBY, B.O, (NOW
          PROMOTED AS POSTMAN, PIRAVAM POST OFFICE), -
          686664, ALUVA DIVISION, DEPARTMENT OF POSTS,
          RESIDING AT VADAKKEDATH HOUSE, KIZHAKOMBU (P.O),
          KOOTHATTUKULAM - 686662.

   3      PRASANTH M
          AGED 32 YEARS
          S/O. MURUKESAN C., GDSMD, KATTACHIRA B.O,
          KIDANGOOR S.O, PIN - 686572, KOTTAYAM DIVISION,
          DEPARTMENT OF POSTS, RESIDING AT KURUKAVILASAM
          HOUSE, PUNNATHARA (P.O), KOTTAYAM - 686583.

          BY ADVS.
          P.K.MADHUSOODANAN
          SRI.P.M.BINOY KRISHNA
 OP (CAT) NO. 24 OF 2021

                            ..2..


RESPONDENTS/RESPONDENTS 1-7 AND APPLICANTS 2-4 IN OA:

    1      UNION OF INDIA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATIONS,
           GOVERNMENT OF INDIA, NEW DELHI - 110001.

    2      THE CHIEF POST MASTER GENERAL
           KERALA CIRCLE, TRIVANDRUM - 695033.

    3      THE SUPERINTENDENT OF POST OFFICES
           MANJERI POSTAL DIVISION, MANJERI - 676121.

    4      THE SUPERINTENDENT OF POST OFFICES
           IRINJALAKUDA POSTAL DIVISION, IRINJALAKUDA -
           680121.

    5      THE SUPERINTENDENT OF POST OFFICES
           VADAKARA POSTAL DIVISION, VADAKARA - 673101.

    6      THE SUPERINTENDENT OF POST OFFICES
           ALUVA POSTAL DIVISION, ALUVA - 683101.

    7      THE SUPERINTENDENT OF POST OFFICES,
           KOTTAYAM POSTAL DIVISION, KOTTAYAM - 686001.

    8      VEENA K.T
           AGED 30 YEARS
           D/O. VASUDEVAN K.T, GDSMP, MUNDUPARAMBA S.O,
           MANJERI DIVISION, DEPARTMENT OF POSTS, RESIDING
           AT KARUTHODIYIL HOUSE, MUNDUPARAMBA P.O,
           MALAPPURAM - 686509.

    9      SOUMYA JOSEPH C.
           AGED 34 YEARS
           W/O. SINTO M.A, GDSMD, NADUVARAMBA P.O,
           IRINJALAKUDA DIVISION, DEPARTMENT OF POSTS,
           RESIDING AT MALIYEKKAL HOUSE, VELLANGALLUR P.O,
           KALPRAMBA, THRISSUR - 680662.
 OP (CAT) NO. 24 OF 2021

                                   ..3..

    10       SHIJI KANJIRAMULLATHIL
             AGED 34 YEARS
             D/O.CHATHU, GDSMC, PASUKKADAVU B.O, VADAKARA
             DIVISION, DEPARTMENT OF POSTS, RESIDING AT
             KANJIRAMULLATHIL HOUSE, CHAPPANTHOTTAM P.O,
             KAVILUMPARA (VIA), KOZHIKODE - 673513.

             BY S.KRISHNA, CGC


      THIS    OP   (CAT)   HAVING     COME   UP   FOR   ADMISSION    ON
29.02.2024,     THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (CAT) NO. 24 OF 2021

                                  ..4..




                                JUDGMENT

A. MUHAMED MUSTAQUE, J.

The petitioners are Gramin Dak Sevaks (GDS), who

appeared for the examination notified for the post of

Postal Assistant pursuant to Annex.A1 notification issued

on 27.06.2016. They are all eligible to be appointed as

Postal Assistants. However, for want of vacancies in their

division, they are not appointed. Therefore, they

approached the Central Administrative Tribunal for

appointing them in vacancies available in other divisions.

They pointed out the past practice adopted by the Postal

Department in appointing such qualified persons as Postal

Assistant in other divisions other than the division which

they work as GDS.

2. We notice Annex.A1 notification. In Clause 5 of "i-

Eligibility conditions" in Annex.A1 notification, it is

prescribed that the GDS of a particular division will be

considered only against the vacancies of that division and

not that of other divisions. In that view of the matter, we

are not inclined to give any direction in this matter as the OP (CAT) NO. 24 OF 2021

..5..

Tribunal noted that there exist no other norms or rules for

consideration of a qualified GDS for appointment as Postal

Assistant in other divisions. In that view of the matter,

there is no merit in this original petition.

Accordingly, the original petition stands dismissed.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

OP (CAT) NO. 24 OF 2021

..6..

APPENDIX OF OP (CAT) 24/2021

PETITIONER ANNEXURES

ANNEXURE A6 TRUE COPY OF THE MEMO NO.RECTTT/O.A.14/2017 DATED 10.02.2017 ISSUED BY THE 2ND RESPONDENT.

ANNEXURE A1 TRUE COPY OF THE NOTIFICATION NO.

RECTT/10-6/2013/1 DATED 27/06/2016 ISSUED BY THE 2ND RESPONDENT.

ANNEXURE A2 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 3.11.2011 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A3 TRUE COPY OF THE RECRUITMENT RULE GSR 411(E) DATED 21.05.2015 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED 5.12.2016 SUBMITTED BY THE 3RD APPLICANT TO THE 2ND RESPONDENT.

ANNEXURE A5 TRUE COPY OF THE ORDER DATED 09.01.2017 BY THIS HON'BLE TRIBUNAL IN O.A.14/2017.

ANNEXURE R1 TRUE COPY OF THE ORDER DATED 11.01.2013.

ANNEXURE R2 TRUE COPY OF THE NOTIFICATION DATED 27.06.2016.

ANNEXURE R3 TRUE COPY OF THE LETTER DATED 27.07.1989.

ANNEXURE R4 TRUE COPY OF THE ORDER DATED 27.10.2016.

OP (CAT) NO. 24 OF 2021

..7..

ANNEXURE A7 TRUE COPY OF THE LETTER DATED 2.4.2018 ISSUED BY THE CPIO AND SUPERINTENDENT OF PO ST OFFICES TO THE 3RD APPLICANT.

ANNEXURE R5 TRUE COPY OF THE ORDER DATED 12.08.2016 OF THE HONOURABLE APEX COURT IN CIVIL APPEAL 90/2015 AND 91/2015 FILED BY NAJITHAMOL AND OTHERS.

EXHIBIT P1 TRUE COPY OF THE O.A 180/159/2017 FILED BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 3.10.2017 FILED BY THE DEPARTMENTAL RESPONDENTS.

EXHIBIT P3 REJOINDER FILED BY THE APPLICANTS IN THE O.A 14/2017.

EXHIBIT P4 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 14.03.2019 FILED BY THE DEPARTMENTAL RESPONDENTS.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 1.2.2021 IN O.A NO.180/159/2017 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

Exhibit P6 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT IN O.P(CAT) 10/2021, DATED 12/03/2021

Exhibit P7 TRUE COPY OF THE LETTER NO. F. NO. 04- 08/2019-SPN-1, DATED 26/07/2019 OF ASSISTANT DIRECTOR GENERAL (SPN), GOVERNMENT OF INDIA, MINISTRY OF COMMUNICATION, DEPARTMENT OF POST,NEW DELHI.

OP (CAT) NO. 24 OF 2021

..8..

Exhibit P8 TRUE COPY OF THE ORDER DATED 22/07/2020, ISSUED BY THE SENIOR SUPERINTENDENT OF POST OFFICES, KOTTAYAM DIVISION

Exhibit P9 TRUE COPY OF THE DECLARATION OF RESULTS OF SURPLUS QUALIFIED LIMITED DEPATMENTAL COMPETITIVE EXAMINATION FOR GDS TO THE POSTS OF PA/SA AND THE POSTING GIVEN TO THOSE SUCCESSFUL SURPLUS CANDIDATES IN THE SELECTION TO THE NEIGHBOURING VACANCIES.