UNION OF INDIA REP Vs. U MUTHURAJ

JUDGEMENT

(1.) These writ petitions are filed on behalf of the Central Government challenging the order passed by the Tribunal allowing the Original Applications filed by the first respondent in both the writ petitions.

(2.) The Tribunal had disposed of the two Original Applications, they being O.A.Nos.929/98 and 930/98 having been filed by M.Kaleeswaran and U.Muthuraj respectively. In their applications, the Original Applicants who are the first respondent in W.P. Nos.8706 and 8704 of 2000 respectively had sought the relief of a direction to the respondents therein, who are the petitioners herein to consider the applicants for Group 'D' posts in Mail Motor Service, Madurai as per the rules and also to restrain the respondents therein from terminating the employment of the applicants in Mail Motor Service, Madurai.

(3.) By way of short history, it was pointed out to the Tribunal that the Original Applicants were included in the dovetailed list which was maintained by Madurai Postal Division. At that time, the Mail Motor Service, Madurai required the services of two persons for the posts of Sweeper and Water Carrier and therefore, its manager wrote to the Madurai Postal Division for sending the names for being appointed in these posts. Accordingly, the Madurai Postal Division sent the names of eight willing persons out of that dovetailed list. Undoubtedly, the Original Applicants were among those willing persons besides six others. These two employees were at Serial Nos.37 and 39 respectively, but it appears that others probably were not willing to go to the service of Mail Motor Service and chose to remain back. These two applicants were thereafter selected on 2.12.1995 and 12.4.1996 respectively. Kaleeswaran was engaged as a Water Carrier from 2.12.1995 while Muthuraj was engaged as a Sweeper from 12.4.1996. These appointments were only for three months from the date of selection and appointment, however, it so happened that the applicants were not terminated and were continued in the same Mail Motor Service in the same capacity right up to October 1998. It is at that time that two posts became available in Group 'D' and therefore, these applicants claimed that they should be considered for those posts. In their Original Applications also, they have sought for the direction that they should be considered for those posts. The Department however opposed this on the ground that the applicants were not originally recruited in Mail Motor Service and they were engaged earlier by the Postal Division as outsiders and it was because they were in the dovetailed list that their names were sent to the Mail Motor Service when a communication in that behalf was made to the Madurai Postal Division. In the further stand taken, the Department insisted that the two posts which were to be filled in could be so filled in only from amongst the seniormost Extra Departmental Agents as there were number of Extra Departmental Agents who were senior to these two persons in Madurai Postal Division. It was again pointed out that they were not to be terminated as a result of appointment of somebody from the Extra Departmental Agents, but would be sent back to their original Unit where they would get employment, though in different capacity. The Department also relied upon the undertakings given by the applicants to the effect that they would not claim regular employment in Mail Motor Service on the basis of their appointments referred above.