UNION OF INDIA Vs. MOHANDAS

JUDGEMENT

(1.) The petitioners are the respondents in O.A.No.85 of 2014 on the file of the Central Administrative Tribunal, Ernakulam Bench. The said O.A. was one filed by the respondents hereinapplicants, invoking the provisions under Sec. 19 of the Administrative Tribunals Act, 1985, who were then working as part-time Scavenger and part-time Sweeper respectively, under RMS 'CT' Division (Railway Mail Service Calicut Division) under the administrative control of the 5th petitioner-1st respondent Superintendent, RMS 'CT' Division, Kozhikode.

(2.) The applicants had approached the Tribunal in O.A.No.85 of 2014 seeking a declaration that the delay in making promotion to Group 'D' vacancies remaining unfilled applying 'failing which' clause in column (11) of the Schedule to Annexure A3 Department of Posts (Group D Posts) Recruitment Rules, 2002 (for brevity, the Recruitment Rules, 2002) shall not deny them full-service benefits with effect from the date of their entitlement, which they would have earned but for the failure of the Department to act in accordance with the Recruitment Rules, 2002; and an appropriate order or direction, directing the respondents therein to take immediate steps for promoting the applicants to Group D, in the order of their seniority, against the existing vacancies reserved for casual labourers of RMS 'TV' Division (Railway Mail Service Trivandrum Division), which fall under 25% quota set apart for casual labourers under the Recruitment Rules, 2002 and to promote them to Group D from the respective dates of their entitlement, with all consequential benefits, forthwith and at any rate, within a time frame that may be fixed by the Tribunal.

(3.) The Tribunal, by Ext.P7 order dtd. 24/6/2016 allowed O.A.No.85 of 2014, directing respondents 1 to 5, the petitioners herein, to issue appropriate orders promoting the applicants to Group D, in the order of their seniority, against the existing vacancies reserved for casual labourers of RMS 'TV' Division, which existed in 2009 and prior to that date, as admissible under the roster points which fall under 25% quota set apart for casual labourers under the Recruitment Rules, 2002, within two months from the date of receipt of a copy of that order.