CENTRAL ADMINISTRATIVE
TRIBUNAL CHANDIGARH BENCH
ORIGINAL APPLICATION
NO.1328/HR/2011
Order Reserved on 23.04.2015
Pronounced on 28.04.2015
CORAM: HON'BLE MRS. RAJWANT SANDHU,
MEMBER (A)
HON'BLE DR. BRAHM A. AGRAWAL, MEMBER (J)
1. All India Association of IPASP, Haryana Circle through
Circle Secretary Sh. Hira Lal son of Late Sh. Chandu Ram, age 47 years working
as ASPO(HQ) Kurukshetra.
2. Subash Chander son of Sh. Ram Dia, aged 41 years, ASPO
Yamunanagar Postal Sub Division, Yamunanagar.
3. All India Association of IPASP, Punjab Circle
Headquarters, Chandigarh through Circle Secretary Hari Mohan son of Shri Kishan
Pal, aged 50 years, officiating as Deputy Divisional Manager, PLI, office
of Chief Post Master General, Punjab Circle, Chandigarh
4. Gopal Krishan son of Late Sh.S.Sharma Asstt. Supdt. Post
Offices, East Sub Division, Chandigarh.
... Applicants
Versus
1. Union of India through the Secretary to
Government of India, Ministry of Communications & Information
Technology, Department of Posts, New Delhi.
2. The Chief Postmaster General, Punjab Circle, Chandigarh.
3. The Chief Postmaster General, Haryana Circle, Ambala.
Respondents
Present:
Sh. V.K. Sharma, counsel for the applicants.
Sh. Rohit Mittal, proxy for Sh. Rakesh Verma, counsel for
the respondents.
O R D E R
BY HON'BLE MRS. RAJWANT SANDHU, MEMBER (A)
1. This O.A. has been filed under Section 19 of the
Administrative Tribunals Act, 1985, seeking the following relief:
8(i) Quash the letter dated 3.10.2011 (Annexure A-1) by
which Limited Departmental Examination for Promotion to the cadre of
Sr. Postmaster (Gazetted) has been ordered to be held on 31.12.2011 which is
against the Department of Posts, Postal Supdts/Postmaster Group B Recruitment
Rules, 1987 as amended from time to time as there is no vacant post in the
quota prescribed under the rules.
ii. Quash the letter dated 29.11.2011 by which the
applicants have been informed that ASPO are not eligible for appearing in the
examination.
iii. Quash the Department of Posts, Senior Postmaster
(Group B Gazetted), Postmaster (Grade III and II-Group B non-Gazetted) and
Postmaster (Grade I-Group C Non-Gazetted) Recruitment Rules, 2010, Annexure A-8
i.e Postmasters Cadre Rules, 2010 run contrary to the Postal Services
Postmaster Group B Rules, 1987 as amended from time to time, as the quota of
the Inspector Line, has also been reduced from 19% and 75% by carving out the
posts. There are also no vacant posts under 75%, 19% and 6% quota.
iv. During the pendency of the OA, the operation of the
impugned order Annexure A-1 may be stayed.
v. Issue direction to the respondents to consider the
case of the members of the applicant No 1 Union and other applicantsfor
promotion under rules of 1987 in their quota and promote them from due
date with all the consequential benefits and it be declared that the
bifurcation of quota now carried out by the respondents is illegal, arbitrary
and bereft of any discernible principle.
2. It has been stated in the O.A. that the applicants are
an Association of the employees which is represented by their Circle Secretary.
Its members and applicant No. 2 and 4 are similarly situated and common
question of facts and law are involved in respect of all the applicants and as
such they have filed a Joint Original Application which may be allowed in the
interest of justice.
3. It has further been stated that there was a cadre of
Post Master, which was governed by the Postmaster Services Class II
(Recruitment) rules, 1975. Similarly, there was a cadre of Postal
Superintendents governed by the statutory set of rules equivalent to the Post
Master Services Class II Rules, 1975. In 1987 both these cadres were
merged and governed by the rules know as Department of Posts, Postal Superintendents/
Postmasters Group ‘B’ Recruitment Rules, 1987. In 1993 these rules were
amended and it was laid down that 75% of total posts would be filled by
promotion from amongst Inspector ofPost Offices and Inspector of Railway
Mail Service (Pay scale of Rs.1400-2300) with 5 years of regular service
in the grade. Copy of the Department of Posts, Postal services Group ‘B’
Recruitment (Amendment) Rules, 1993 is appended as Annexure A-3.
Inspector Post Offices are further promoted as ASPO and they formed
one cadre. Since under the 1987 Rules, ASPOs were not eligible to appear in the
examination for promotion to the post of Postal Services Group B,
a clarification was issued on 23.8.1994 for making ASPOs and HSG-I officials as
eligible for appearing in the examination (Annexure A-4). On the basis of
these rules in the cadre of postal Services Group B, total posts in
the different quotas were as under :
(a) 75%
quota
649
(b)
19% quota
165
(c)
6% quota
52
TOTAL
866
4. On 3.2.2010, an order was issued by which it was
decided to constitute a separate cadre of Postmasters by carving them out from
the existing general line cadre posts and Postal Services Group B of
Postal Wing and to designate them as Senior Postmaster, Postmaster Grade III,
Postmaster Grade II and Postmaster Grade I. On the basis of this a letter
was issued on 22.11.2010 stating therein that in the wake of introduction of
technology, challenges from the market and to increase productivity, it is
absolutely essential to ensure that key post offices are headed by
the professional managers (Annexure A-5). In order to ensure that
professionally qualified, trained and meritorious officials held the key post
offices, it has been decided to introduce a separate cadre of
Postmasters. The posts were to be carved out from the existing general
line posts, instead the posts of Senior Postmaster were carved out from the
total strength of General line and Inspector line. The number of Senior
Postmasters posts has been calculated as 116. It was also mentioned in
para 5 of the letter dated 22.11.2010 that initial constitution of
various grades of Postmaster shall be done by inviting options/applications
from the existing incumbents of LSG, HSG II, HSG I in post offices and
Postal Services Group B. Some of the members of the Association
had been promoted in Postal Services Group B and are awaiting
promotion against 75% Quota. However, no options were called from them being
not eligible. Thereafter owing to fresh notification dated
22.11.2010, none of the senior Inspectors/Asst Supdt Post Offices,
awaiting promotion for 649 posts (75% Quota) would be eligible for opting as
Senior Postmaster as 100% promotion to Senior Postmaster from Inspector line
officials is through Limited Departmental Competitive Examination. From
the letter dated 9.2.2011, issued by the respondent no.2 it was clear that
applications had been invited only from the Postal Service Group B officials
including Senior Postmaster working on regular basis (Annexure A-6).
5. Total posts in Postal Group ‘B’ services under 75%
quota, 19% quota and 6% quota are 866 and 116 posts have been carved out from
866 posts meaning thereby that the quota has to be read keeping in view the
remaining posts, which are 750 if the 2010 rules are to be applied which the
applicants challenge. In case this was not so, the respondents would have
called options from the younger officials promoted and working in Postal Group
B services under 19% and 6% quota. This has been admitted by the respondents in
their letter dated 31.5.2010 when applicants sought information under the RTI
Act, after the issuance of the letter dated 3.2.2010 (Annexure A-7). On the
basis of this letter, the recruitment rules have been notified as Department of
Posts, Senior Postmaster (Group B Gazetted), Postmaster (Grade III and II
- Group B Non-Gazetted) and Postmaster (Grade I, Group C non-Gazetted)
Recruitment Rules, 2010 (Annexure A-8).
According to these rules, 25% of the posts of senior
Postmaster are required to be filled by promotion and 75% are to be filled
through Limited Departmental Competitive Examination in the following manner:
“Promotion
25% Promotion:
Postmaster Grade-III in PB-2 of Rs.9300-34800 and Grade
pay of Rs.4600/- with two years regular service in the grade (including regular
service in Higher Selection Grade-I, if any).
75% promotion (through Limited Departmental Competitive
Examination):
Inspectors of Posts in P-2 of Rs.9300-34800 and Grade pay
of Rs.4200/- with six years, regular service in the grade after qualifying a
Limited Departmental Competitive Examination.
6. In the grounds for relief it has, inter alia, been
stated as follows:
(i) It is well settled law that one can be promoted in
his own quota and vacancies of one quota cannot be diverted to another
quota. Under the 1987 rules as amended in 1993 there is no Departmental
Examination for filling the 75% posts but so far all posts of PSS Group B have
been filled up through competitive examination. This is because of defective
policy of introducing examination for promotion to PSS Group B through
competitive examination and not maintaining representation roster for 19%, 6%
and 75%.
(ii) For all recruitments representation roster is being
maintained to fill the reserved vacancies. Neither representation can exceed
the total percentage nor can it be replaced by any other point. As such 75%
means filling 75% on the total strength and not vacancies that occur in a
particular year. Application of the percentage of reservation through the
vacancy based roster was called in question in various cases including in the
celebrated case of R.K. Sabharwal Versus State of Punjab, wherein it has been
held that reservation of jobs should apply to posts and not to vacancies.
There is every apprehension that the examination for 75% vacancies is being
conducted without calculating the posts under the quota as there is no vacant
post in either quota of PSS group B.
(iii) The calculation of vacancies in the present manner
is even against the principles of natural justice because reservation in
promotion by seniority subject to fitness was introduced in 1972, subject to
some conditions. In 1974, reservations in promotion by selection from C to B
within B and from B to the lowest rung of Group A were introduced providing the
element of direct recruitment does not exceed 50%. Contrary to this, in the
notification dated 22.11.2010, all 87 posts (75% of 116) earmarked for Senior
Postmaster are ordered to be filled through examination. Instead these should
be part of 19% roster meant for Limited Departmental Competitive
Examination. Thus, the action of respondents stand vitiated.
(iv) The respondents are liable to be directed to
identify 75% of 116 posts (87 posts) of Sr. Postmaster for filling up through
the competitive examination and recast the roster for different stream i.e.19%,
6%, keeping intact the seniority cum fitness quota amongst Inspector Posts cadre
to the extent of 649 posts out of 866 posts of PSS Group B. Only those posts
which fall vacant owing to retirement, promotion, resignation, death etc. under
19% and 6 % quota should be filled through examination. Otherwise all the 100%
post will be occupied by the officials coming through examination and the
experienced Inspector Post cadre official will be ignored and deprived of
promotional avenue resulting in frustration due to stagnation, and will mar
efficiency in the cadre, which will be arbitrary, irrational and
discriminatory.
(v) Otherwise also in this examination, according to the
rules of 2010, Asstt. Supdt Post Offices is not eligible to appear in the
examination for promotion to the post of Sr. Post Master particularly when the
post of Asstt. Supdts of Post Offices and Inspectors of Post Offices form one
cadre and are in common seniority list and both the posts come under PB-2 of
Rs.9300-34800/- with difference in Grade Pay only. Inspectors are in the grade
pay of Rs.4200/- whereas the ASPOs are in the grade pay of Rs.4600/-. Since
under the 1987 rules read with clarification of 1994, ASPOs were made eligible
for appearing in the examination for promotion to PSS Group B, no justification
is there to debar the ASPOs for appearing in the examination if the rules of
2010 are to be applied which cannot be applied unless the rules of 1987 are
amended.
7. Written statement on behalf of the respondents was
initially filed on 07.05.2012 wherein it has been stated that the Department of
Posts issued orders creating Postmaster cadre consisting of Postmaster Grade-I,
Grade-II & III and Sr. Postmasters (Gazetted) in exercise of the powers
conferred by the proviso to Article 309 of the Constitution. The rules
regulating the method of recruitment to the posts of Sr. Postmasters Gr-B
(Gazetted) were promulgated vide notification no.137-03/2009-SPB-II dated
09.09.2010 (Annexure R-1). As per the notified statutory Recruitment
Rules for Sr. Postmasters (116 numbers), are to be filled by the following
methods:
(i) 25% of posts from Postmaster Gr.III in PB-2 of
Rs.9300-34800 with grade pay of Rs.4600 with two years regular service.
(ii) 75% of posts by promotion through Limited
Competitive Departmental Examination and according to Item No.12 of the RRs
Inspector of Posts in PB-2 of Rs.9300-34800 and Grade Pay of Rs.4200 with six
years regular service after qualifying a Limited Departmental Competitive
Examination.
The Department of Posts issued a notification on
03.10.2011 for holding the Limited Departmental Competitive Examination for
promotion to the cadre of Sr. Postmasters (Gazetted) on 31.12.2011 from amongst
eligible candidates. The ASPs who are in the Gr. B gazetted status in the
Grade Pay of Rs.4600 are not eligible and their applications for appearing in
the LDCE were not considered. The applicant no.3 previously filed OA
No.399/PB/2011 on the same issue but while pronouncing the order on 26.05.2011,
this Tribunal did not give its finding on the relief. The applicants
through this OA are making one more attempt.
8. Amended written statement was filed on behalf of the
respondents on 18.02.2013 wherein it has been stated that the present OA
is not maintainable because the Rules regulating the method of recruitment to
the post of Senior Post Master Grade-B (Gazetted) were promulgated under
Article 309 of the Constitution of India vide notification
No.137-03/2009-SPB-II dated 09.09.2010. Accordingly to Recruitment Rules
of Sr. Postmaster (Gazetted), 25% of the posts are to be filled from General
Line Officials through DPC, while 75% of the posts are to be filled from
Inspector Post Line Officials through a Limited Departmental Competitive
Examination. Further, according to item 12 of Recruitment Rules, 25% of
the posts to be filled from General Line Officials are through Postmaster
Grade-III in PB-2 of Rs.9300-34800 with Grade Pay of Rs.4600/- with two years
regular service in the Grade (including regular service in HSG-I), while 75% of
the posts to be filled from Inspector Post Line are from Inspector of Posts
officials in PB-2 of Rs.9300-34800 with Grade Pay of Rs.4200/- with six years
regular service.
9. In order to fill the posts of Sr. Postmaster, a
notification dated 03.10.2011 for holding the Limited Departmental Competitive
Examination for promotion to the cadre of Sr. Postmaster (Gazetted) was
issued. Since the Asstt. Supdt. Posts working in Grade Pay of Rs.4600/-
have been conferred ‘Gazetted Status’ but not given Group-B, therefore, these
were not made eligible in the aforesaid examination, also as per the RRs.
As per the Recruitment Rules, only Inspector Post Officials having six years of
regular service in PB-2 of Rs.9300-34800 with Grade Pay of Rs.4200/- are
eligible to appear in the LDCE. LDCE examination was later on postponed
till further orders. Hence, in view thereof, the present OA deserves
dismissal as no cause of action has accrued to the applicants.
10. It has also been mentioned in the written statement
that total number of posts apportioned to IPO Line and General line after
amendment of existing RRs of Postal Superintendent Gr.B remains to be settled
and to this extent O.A. is premature.
11. Arguments advanced by learned counsel for the parties
were heard when learned counsel for the applicant reiterated the facts and grounds
taken in the O.A. He stated that as per the 1987 Rules, the number of
posts of Superintendent/Postmaster Gr. B Service Recruitment Rules mentioned
therein was 790 and this figure could not have been varied without there being
amendment of the Rules. Hence action of the respondents in taking away
116 posts from this cadre and designating these as Senior Postmaster was highly
irregular. He stated that the LDCE examination for promotion to the cadre
of Senior Postmaster (Gazetted) could not be held as notified vide letter dated
03.10.2011 (Annexure A-1), since there was no mention therein of the number of
posts to be filled through this examination. The respondents had
themselves stated in response to a RTI application that there were no vacancies
available in the Group B cadre. Hence it was not understood as to why the
LDCE was proposed to be held. He also stated that relief clause 8(ii) had
been rendered infructuous and he was not pressing for the same.
12. Learned counsel for the respondents stated that the
Senior Post Master Group B Gazetted, Postmaster Grade III and II Group B
non-Gazetted and Postmaster Grade I-Group C non-Gazetted Recruitment Rules,
2010 had been promulgated in exercise of powers conferred by the proviso to
Article 309 of the Constitution of India and the applicants could not challenge
the same. It was for the Department to decide on the number of posts to
be apportioned to each category keeping in view work load, the nature of duties
and other aspects and hence there was no merit in this O.A.
13. We have given our careful consideration to the
matter. The claim made in the O.A. that the promotion to the posts
notified by the Postal Department should continue under the Rules of 1987, is
clearly unreasonable since the department has notified the Department of Posts,
Senior Post Master (Group B Gazetted), Postmaster (Grade III and II-Group B
non-Gazetted) and Postmaster (Grade I, Group C non-Gazetted) Recruitment Rules,
2010 on 09.09.2010. Therefore, any selection to these posts after the
September 2010 has to take place in accordance with these Rules.
Moreover, through the circular dated 03.10.2011, the applications were invited
for LDCE for the post of Senior Postmaster (Gazetted) and Rules for these posts
had only notified on 09.09.2010. The O.A. is
therefore held to be without merit and is dismissed.
Sd/- Sd/-
MEMBER (J)
MEMBER (A)
Place: Chandigarh.
Dated:28.04.2015
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