SENIOR SUPERINTENDENT RMS TV DIVISION Vs. D. MOHANDAS MULTI TASK EMPLOYEE (MTS), HEAD RECORD OFFICE, RMS TV DIVISION, THIRUVNANTHAPURAM

JUDGEMENT

(1.) This Op (Cat) Having Been Finally Heard On 01-02-2018, Along With Op. The main issue involved in all these Original Petitions is with regard to the directions given by the Tribunal to reckon the notional service, with reference to the appointment effected from the date of occurrence of the vacancy, for the purpose of granting increments as well. It is based on the observations/directions given by the Tribunal on an earlier instance, while dealing with the offence of contempt alleging noncompliance of the direction given earlier in the O.A. 659 of 2013. O.P(CAT)No.190 of 2016 is taken as the lead case .

(2.) Heard the learned Asst. Solicitor General and also the learned counsel appearing for the party respondents.

(3.) The respondent/applicant was initially engaged as Gramin Dak Sevak (GDS), who commenced the service with effect from 01.07.1991. While he was continuing as above, the Department of Personnel and Training issued an O.M. in the year 2002, whereby a ban was imposed with regard to the Direct Recruitment stipulating that approval of the Screening Committee was required for the post in question. By virtue of such a stipulation and the ban on direct recruitment, appointment was not being effected for a long time. This is more so since, according to the Department, for giving appointment as Postman/Group D, from GDS, it was not an instance of promotion, but a matter of direct recruitment, for which approval of the Screening Committee was necessary. It was in the said circumstance, that the vacancies which arose from 2002 to 2009 were left unfilled .