LAWS(MAD)-2004-1-5

UNION OF INDIA SR SUPDT OF POST OFFICES Vs. S MURUGESAN REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH

Decided On January 22, 2004
UNION OF INDIA Appellant
V/S
S.MURUGESAN Respondents

JUDGEMENT

(1.) The Tribunal has invalidated a portion of the Rule prescribed by the Postal Department, which inter alia provides that preference may be given to candidates with matriculation qualification.

(2.) We have in several other matters, wherein the Tribunal had made similar order, set aside such orders. It is for the employer to determine the qualification which he wishes to prescribe for persons who seek employment under the employer. If the Postal Department felt that persons with matriculation would be better suited, it was certainly open to the Department to prescribe that as the qualification. The fact that it has also allowed persons with VIII standard to apply, in case persons with matriculation qualification are not available, does not mean that the preference of the matriculation qualification is in any way unlawful.

(3.) Moreover, it is not for the Tribunal to prescribe the qualification required for different posts. The preference given does not contravene any provision of law nor was it ultra vires the powers of the employer.