201. Daily Rules Recap - MTS Promotion to GDS right from 2002 for the abolished vacancies under 2/3rd
• The Hon'ble High Court of Kerala, in W.P (C) No. 28574/2009, confirmed the orders of the Ernakulam CAT (Central Administrative Tribunal) in OA No. 314/2008. The High Court held that Group D vacancies arising from 2002 onwards shall not be treated as direct recruitment vacancies but rather as vacancies specifically meant for promotees.
• This ruling implied that vacancies occurring after 2002 should not be subjected to the two-thirds reduction for direct recruitment vacancies and those posts should be filled as per the Department of Posts (Group D) Posts Recruitment Rules, 2002. According to this interpretation, all vacant Group D posts would have been filled by Gramin Dak Sevaks (GDS) without being subject to the 2/3rd cut as per the Action Plan.
• In Tamil Nadu, many GDS approached the CAT, Madras, seeking promotion to Group D based on seniority for vacancies that arose since 2002. The Hon'ble Tribunal allowed the OA on June 22, 2012, and directed their absorption as Group D with seniority and consequential benefits.
• Upon appeal in the Madras High Court, writ petitions (WP No. 13611/2013 and 29 others) confirmed the orders of the Madras CAT and issued directions to implement the same with seniority and consequential benefits.
• The Supreme Court, in its Diary No. 52149/2023, held on February 9, 2024, that it was not inclined to interfere with the impugned judgments, and the SLP (Special Leave Petition) was dismissed.
• Now, the Directorate, via its letter No. W-22/24/2023-SPN I dated May 2024, directed the Chief Postmaster General (CPMG) Tamil Nadu to implement the orders, as it was not recommended to file a review in the Supreme Court.
• Accordingly, the CPMG issued orders via their letter dated May 29, 2024, directing the city divisions to implement the orders on or before June 5, 2024.
• According to my understanding, this process should be conducted in all divisions under the Tamil Nadu Circle. Extending such benefits only to Chennai divisions goes against the principle of natural justice.
• When the Department proposes to convene a Departmental Promotion Committee (DPC) for these promotions, it should include all eligible GDS officials from all divisions as per the divisional seniority list of GDS from the year 2002 onwards.
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