Neutral Citation No. - 2025:AHC-LKO:12246-DB Court No. - 1 Case :- WRIT - A No. - 2186 of 2025 Petitioner :- Deepak Kumar Tiwari Respondent :- U.O.I. Thru. Secy. Ministry Of Communications And Deptt. Of Postal Services,New Delhi And 5 Others Counsel for Petitioner :- Sameer Kalia,Sagheer Hasan Counsel for Respondent :- A.S.G.I. Hon'ble Attau Rahman Masoodi,J. Hon'ble Manish Kumar,J. (1) Heard learned counsel for the petitioner and learned Additional Deputy Solicitor General of India assisted by Sri Raj Kumar Singh, learned counsel for all the respondents. (2) By means of this writ petition, the petitioner has challenged the judgment and order dated 02.01.2025 rendered by the Central Administrative Tribunal, Lucknow in Original Application bearing No. 491 of 2023, whereby the claim of the petitioner seeking appointment under Dying-in-Harness Rules, 1974 has been dismissed. (3) Learned counsel for the petitioner has made two-fold submissions. The first submission is that though the case of the petitioner was considered as per the Scheme dated 16.01.2023 and was awarded 22 merit points in his case, yet his appointment could not be made as the merit points of the petitioner were much less as compared to the merit points obtained by the last recommended candidate, who stood at 39 points. (4) The assessment of merit points being strictly as per the scheme has been well-discussed by the learned Tribunal, which, in our considered opinion, does not suffer from any illegality, thus, we are not persuaded to interfere in the matter insofar as assessment of merit points is concerned. (5) The next submission is on the touchstone of Rule 7 of 1974 Rules which provides for filling up maximum strength of 5% of the vacancies under direct recruitment through appointment under the Dying-in-Harness Rules, 1974. (6) On a close scrutiny of the pleadings set-up before the Tribunal, it is found that neither any such pleadings were taken in the Original Application nor is it clear as to what was the exact number of vacancies of Group - C posts as on the date of consideration of the petitioner's candidature alongwith other eligible candidates. The position has remained unclear even in the writ proceedings. For this reason, we are unable to appreciate the submissions made in this regard too. (7) In view of above, the writ petition fails and is hereby dismissed. (8) However, it is admitted by the opposite parties that the scheme applicable for consideration of the candidature under Dying-in-Harness Rules, 1974 reserves the right of eligible candidates against the future vacancies, which shall not preclude the consideration of the petitioner for appointment under Dying-in-Harness Rules, 1974 against the vacancies becoming available. Respondents have assured to grant the benefit of the Scheme to the petitioner accordingly. [Manish Kumar, J.] [Attau Rahman Masoodi, J.] Order Date :- 28.2.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench