UNION OF INDIA Vs. K.RAMASAMY

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the third respondent-Tribunal in O.A.No.411 of 2010 dated 21.04.2015.

(2.) The Senior Superintendent of Post Office, Virudhunagar, issued a memo dated 29.01.2010 selecting the second respondent-Vellaisamy for promotion to the cadre of postman on seniority basis for the vacancies approved under Annual Direct Recruitment Plan for the year 2006-07. The first respondent has challenged the said selection before the third respondent-Tribunal on the ground that the selection of the said Vellaisamy is not in accordance with the relevant Rules, as the first respondent's name finds place at Sl.No.119 in the seniority list, whereas the second respondent's name finds place at Sl.No.139. The selection was also challenged on the ground that the first respondent has not completed 55 years of age. The Tribunal has allowed the application and directed the authorities to promote the first respondent to the post of postman. Challenging the said order passed by the Tribunal, the present writ petition has been filed by the Department.

(3.) On the death of the second respondent, the respondents 4 to 8 have been impleaded as legal heirs of the second respondent. The learned counsel for the respondents 4 to 8 has relied upon the decision of the Hon'ble Supreme Court in Deepa E.V. v. Union of India and Ors ., reported in 2017(2) All India Services Law Journal Page-251, and submitted that recruitment to the post in question has to be done only by way of direct recruitment and not by promotion.