UNION OF INDIA Vs. S THIAGARAJAN

JUDGEMENT

(1.) THE petitioner has filed the present writ petition for the issuance of a writ of certiorari, to call for the records relating to the order made in O.A.No,85 of 2007 on the file of the central Administrative Tribunal, Chennai bench, dated 30.04.2009 and to quash the same.

(2.) CHALLENGING the selection of the 2nd respondent for the post of Postman, the 1st respondent, who had put in more than 33 years of service as ED Packer (now GDS),CECRI S.O. at Karaikudi, and entitled for relaxation of upper age limit of 3 years or considering promotion to the post of Postman, filed O.A.No,85 of 2007 before the Central Administrative Tribunal, Madras bench, to set aside the same and to direct the 1st respondent therein to promote him to the post of Postman with all service benefits.

(3.) THE learned counsel appearing for THE petitioner contending that THE Tribunal has misinterpreted THE scope of Article 16 of THE Constitution of India, as THE said Article envisages in THE large interest for THE administration that it is THE employer, who is THE best suited to decide THE percentage of posts in THE promotional cadre, which can be earmarked for different category of person. It is furTHEr submitted that in THE present case, THEre is only one post earmarked by THE employer for unreserved category with a prescription of eligibility criteria and THE 1st respondent herein is not at all eligible as per THE scheme of recruitment. It is furTHEr contented that THE erroneous findings of THE Tribunal with regard to age relaxation to THE 1st respondent who belongs to OBC category are unsustainable in THE law and hence, THE order passed by THE Tribunal is liable to be set aside.