om:173-cl-2023-Dec — Any service matter has to be first decided by the Central Administrative Tribunal

Any service matter has to be first decided by the Central Administrative Tribunal — Writ Petition concerning civil post holders' grievances in Department of Posts, decided by the Central Administrative Tribunal under the Vinod Kumar Saxena v. Union of India case. W.P. No. 17 of 2009... — Facts: In Vinod Kumar Saxena v. Union of India, case [ (2014) SCC online 1777) ], the Apex Court has held as under:-

It is submitted by Mr. Mukesh K. Giri, learned Counsel appearing for the petitioners that the Union of India has framed a set of rules called Department of Posts Multi-Tasking Staff Recruitment Rules, 2010, by which the Department of Posts (Group ‘D' posts) Recruitment Rules, 2002, has been superseded. He has drawn our attention to that part of the Rule which states as follows: ‘Gramin Dak Sevaks are holders of civil posts but they are outside the regular civil service due to which their appointment will be by direct recruitment.' It is submitted by him that in view of the aforesaid declaration under the Rules, the petitioners can agitate their other grievances before the Central Administrative Tribunal. Mr J.S. Attri, learned Senior Counsel appearing for the Union of India, shall obtain instructions in the matter. List the writ petitions along with I.A. No. 1 filed by National Federation of Postal Employees in WP (C) No. 17 of 2009, next Tuesday (9-12-2014).” Mr. Attri, learned Counsel appearing for the Union of India has fairly stated that the petitioners hold civil posts under the law and, therefore, their grievance can be mitigated before the Central Administrative Tribunal. The learned Counsel further stated that in view of the amended rules, that is the legal position and we are inclined to think, the submission is absolutely in consonance with law and accordingly, we accept it. In view of the aforesaid analysis, the writ petitioners are treated as civil post holders and, therefore, they can agitate their grievances, what they have put forth in this writ petition, before the Central Administrative Tribunal, Principal Bench, New Delhi and the Tribunal shall advert to the same in their proper perspective. Mr. Mukesh Giri, learned Counsel for the petitioners, submitted that he will present the application before the Central Administrative Tribunal within six weeks from today. If such application is filed, the Tribunal would be well advised to decide the same in accordance with law within a period of six months. The writ petitions are accordingly disposed of. I.A. No. 1 — Application for intervention