UNION OF INDIA Vs. P KALAIARASAN

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner challenging the order dated 30.04.2009 in O.A.No710 of 2007 whereby and whereunder the Central Administrative Tribunal directed the petitioner to hold a review DPC for selection to the vacancy of the year 2005 in the postman cadre and consider the case of the first respondent for promotion to the said post.

(2.) IT is the case of the first respondent that he belongs to OBC category and he joined as ED Packer on 01.09.1973 at Marine Fisheries Sub Office and he is the seniormost GDS working in the first respondent division. According to him, he has put in 34 years of service as Gramin Dak Sevak and as such, he is eligible for appointment to the post of postman and he was at SI.No.129 in the seniority list. The maximum age limit for an OBC candidate for consideration to the post of Postman is 53 years. According to the first respondent, when a vacancy arose in the year 2005, he was well within the age limit prescribed for OBC candidates. But one S. Ramalakshmi, GDS BPM, Gudalur, who was shown at S.No.189 in the seniority list, was appointment to the said post and as she was not willing, another junior person, the second respondent herein, who was at S.No.190, was appointed to the post of Postman by order dated 16.08.2007. Aggrieved by the same, the first respondent filed the original application seeking a direction to the petitioner to appoint him as postman with all service benefits.

(3.) THE Tribunal, on consideration of the facts and circumstances of the case and the judgments relied upon by both the parties, came to the conclusion that the first respondent, who belongs to OBC category, was entitled for age relaxation up to 53 years and directed the petitioner to hold a review DPC for selection to the vacancy for the year 2005 in the postman cadre and consider his case for promotion to the said post within a period of two months. Being aggrieved, the petitioner is before us.