P GOPINATH Vs. REGISTRAR

JUDGEMENT

(1.) Since both the matters arise from out of the same order of the Tribunal, they are taken up together and are being disposed of by this common order.

(2.) For the sake of convenience and easy reference, the parties are referred to as per their ranking in W.P.No.31089 of 2007.

(3.) To fill up the posts of postman from among Group 'D'/Gramin Dak Sevaks (in short 'GDS'), the Chief Postmaster General, Chennai has sent a letter dated 14.2.2005 to various units to call for applications from the eligible candidates. Pursuant thereto, the Senior Superintendent of Post Offices, Vellore Division, by his letter No.B2/1-2/2-5, dated 17.3.2005 has called for applications from the eligible group D/GDS to submit their applications for a departmental examination for promotion to the cadre of postman from among Group D/GDS to be conducted on 12.6.2005. In response to the said notification, the petitioners and the party respondents have applied for and have gone through the entire process of selection. The entire process of selection was complete by 18.8.2005. While the respondents 5 to 7 did not succeed in the selection process, the other party respondents and the petitioners got selected and joined as Postmen at various post offices of Vellore District on 1.9.2005, as per orders in Memo No.B2/1-2/05, dated 18.8.2005. Aggrieved by their non-selection, the respondents 5 to 7 herein by name (i) S.Ravichandran, (ii) K.K.Gopinathanraja and (iii) M.Narasimhan have filed O.A.No.163 of 2006 before the Tribunal on 19.2.2006, praying to declare the notifications dated 9.6.2005 and 17.3.2005 and the consequent selection process conducted in the matter of promotion of the GDS officials to the posts of postman in Vellore Division as contrary to the Rules/Instructions and so invalid, so far as it relates to GDS officials of the Vellore Division are concerned and to direct the official respondents to fill in the vacancies of Postman cadre in the Vellore Division for the year 2003-04 strictly in accordance with the existing Postman Recruitment Rules and DG (Posts) instructions issued on the subject, by duly notifying the total number of postman vacancies and the entitled allotment of vacancies against the respective heads/quota for GDS officials and complete the selection process as per the Rules within the time frame to be fixed by the Tribunal. As the Tribunal has allowed the said O.A., thereby directing the official respondents to issue revised orders indicating the vacancies to be filled in accordance with the Recruitment Rules issued on 6.7.1989 and also conduct fresh Departmental Examination as per rules, not only some of the selected candidates, but also the Administration have come forward to file these writ petitions.