om:24-cl-2011-march — Gramin Dak Sevaks (GDS) are entitled for promotion to Group 'D' posts in Postal Department against 75% of the remaining vacancies in Group 'D' kept unfilled as per their seniority position

Gramin Dak Sevaks (GDS) are entitled for promotion to Group 'D' posts in Postal Department against 75% of the remaining vacancies in Group 'D' kept unfilled as per their seniority position — This chunk is a part of the decision in the case P.T. Sreedharan and others v. Secretary, Department of Post and others, regarding the filling of vacancies for Group 'D' posts within the Postal Depar... — Facts: This joint OA is filed by 8 GDS in Thalassery Division, Kerala of Postal Department for promoting them to Group 'D' posts as per their seniority position. They state that 8 posts of Group 'D' is kept vacant in Thalassery Division for want of permission to fill them from Screening Committee. They relying on the judgments in O.A. No. 901 of 2003 and other two OAs state that there is no end to have a nod from Screening Committee to fill the vacancies and these posts are to be filled by promotion. Such an order has been upheld by High Court of Kerala as stated by them. Hence they have filed this OA to fill up remaining unfilled vacancies in Group 'D' which falls under 75% quota set apart for promotion to GDS under Recruitment Rules 2002 from the date of their entitlement with all consequential benefits. The Respondents submit that these posts are not against promotion quota according to Recruitment Rules. GDS cannot claim such promotion as they are engaged not as part of formal cadre of the services of Postal Department and they are governed by a complete code for their service, conduct and disciplinary proceedings. As their employment is under a separate scheme, they are not members of Postal Service entitling them to consider for promotion for Gr. 'D' posts. The Applicants stated that the reply herein is a replica of what is said in the reply of O.A. No. 399 of 2008. That OA is allowed rejecting the contention of the Respondents that filling up 75% quota is not by way of promotion. Hence this OA may be allowed following the judgment in O.A. No. 399 of 2008. In the written statement filed by the Respondents, it gives the details of promotion made and seniority position of the Applicants vis a vis others for considering them for promotion to Group 'D' posts. In that situation, it is said that if any of the 7 candidates in this application from Sri Vasu and below ordered to be posted against the vacant posts now available, it will be against the interest of other senior eligible GDS. The process of selection and appointment now to be made is subject to a pending SLP in Apex Court. In that connection, it was held: