IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946 OP (CAT) NO. 44 OF 2024 AGAINST THE ORDER DATED 03.10.2023 IN OA NO.555 OF 2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONER(S)/APPLICANTS: 1 SAJITHA RANI S, AGED 33 YEARS, WIFE OF SIJO C.K., POSTMAN, NALLANCHIRA POST OFFICE, TRIVANDRUM NORTH DIVISION, RESIDING AT B-15, POSTAL STAFF QUARTERS, NALLANCHIRA P.O., THIRUVANANTHAPURAM, PIN - 695015 2 SHAJI GODWIN, AGED 43 YEARS SON OF WILFRED A, POSTMAN, KULATHUR P.O., TRIVANDRUM NORTH DIVISION, RESIDING AT W-HOUSE, KADINAMKULAM, PUTHENOKURICHI P.O., THIRUVANANTHAPURAM, PIN - 695303 3 ARUN V, AGED 43 YEARS SON OF LATE VENUGOPALAN K., POSTMAN, AVANNCHERY, ATTINGAL, TRIVANDRUM NORTH DIVISION, RESIDING AT ADWAITHAM, KETTIDAM JUNCTION, KIZHAKKANELA P.O., PARIPPALLY, KOLLAM, PIN - 691574 4 LETHA N, AGED 50 YEARS WIFE OF LATE A. RAJASEKHARAN NAIR, POSTMAN, VIKAS BHAVAN POST OFFICE, TRIVANDRUM NORTH DIVSIION, RESIDING AT AKKOTTUVEEDU, SARKARA, CHERIYANKEEZHU, THIRUVANANTHAPURAM, PIN - 695304 BY ADV. SRI.S.VISHNU OP (CAT) NO. 44 OF 2024 -2- 2025:KER:27793 RESPONDENTS/RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF COMMUNICATIONS, DEPARTMENT OF POSTS, NORTH BLOCK, NEW DELHI, PIN - 110001 2 THE CHIEF POST MASTER GENERAL, DEPARTMENT OF POSTS, KERALA CIRCLE, THIRUVANANTHAPURAM, PIN - 695033 3 THE ASSISTANT DIRECTOR (RECTT.), OFFICE OF THE CHIEF POST MASTER GENERAL, DEPARTMENT OF POSTS, KERALA CIRCLE, THIRUVANANTHAPURAM, PIN - 695033 4 THE SENIOR SUPERINTENDENT OF POST OFFICES, THIRUVANANTHAPURAM NORTH DIVISION, THIRUVANANTHAPURAM, PIN - 695001 BY ADV SRI.K.S.PRENJITH KUMAR THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 19.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (CAT) NO. 44 OF 2024 -3- 2025:KER:27793 JUDGMENT AMIT RAWAL, J. 1. The present O.P. is directed against the judgment of the Central Administrative Tribunal dated 03.10.2023, whereby the claim of the petitioners for adjustment in the department of Railway Mail Service(RMS) after having cleared the joint examination for Postal Assistants and Sorting Assistants, ignoring Exts.A16 and 17 treating to be prospective, has been rejected. 2. Succinctly the facts in brief for adjudication of the lis are enumerated hereunder: Petitioners - appellants four(4) in number were working as postmen in Thiruvananthapuram North Division under the Kerala Postal Circle. After having cleared the examination meant for Postal Assistants as well as Sorting Assistant in RMS with one subject having a different pattern for RMS, they were brought under the OP (CAT) NO. 44 OF 2024 -4- 2025:KER:27793 category of surplus qualified candidates, as after having qualified the test, were not posted in any of the divisions on the premise that they could not be posted in RMS on account of having different pattern meant for Sorting Assistant. 3. Realizing the said impasse, Government of India, Ministry of Communication, Department of Posts, came out with an order dated 26.07.2019, on the subject of examinations for appointment as Postal Assistants/Sorting Assistants – clarification on surplus qualified candidates - specifying the stages of non- availability of the post to be adjusted in different posts in the following manner: “Subject Examination for Appointment as Postal Assistants/Sorting Assistants-Clarification on surplus qualified candidate. Madam/Sir, I am directed to refer to letter of even number dated 04.07.2019 and 05.07.2019. The issue of implementation of the provisions of Directorate's letter No.60-127/85-SPB-1 dated OP (CAT) NO. 44 OF 2024 -5- 2025:KER:27793 27.07.1989 read with letter No. 60-41/84-SPB-1 (P) dated 21.01.1991 has been reconsidered. 2. In exercise of the powers conferred vide Rule 6 of the aforesaid Department of Posts Postal Assistant and Sorting Assistant Group 'C Non Gazetted) Recruitment Rules, 2015, notified in Gazette of India vide GSR No. 411 (E) dated 21.05.2015, the Competent Authority has approved following order of selection of candidates for appointment as Postal Assistant and Sorting Assistant in Office other than Foreign Post Organisation) for promotion through Limited Departmental Competitive Examination and direct recruitment of Gramin Dak Sevaks (GDS) on the basis of competitive examination a) Postman / Mail Guard / Despatch Rider / MTS of concerned Unit /Division, failing which b) Postanan / Mail Guard / Despatch Rider / MTS of all other Unit /Division of Cancle, failing which c) GDS of the concerned Unit / Division, d) GDS of all other Unit / Division of Circle. 3. Allocation of Unit/Division shall be OP (CAT) NO. 44 OF 2024 -6- 2025:KER:27793 done strictly on merit in the examination. While inviting application for the examination, candidate shall be asked to indicate the order of preference of Unit/Division other than the parent Unit/Division. First of all, Unit/Division- wise merit list shall be prepared and candidates in order of merit shall be considered for parent Unit/Division to the extent of available vacancy and subject to implementation of reservation policy instructions of the Government. Thereafter, combined merit list of all those candidates, who are not allocated to their respective parent Unit/Division, shall prepared at Circle level for allocation of Unit/Division to the extent of available vacancy and subject to implementation of reservation policy/ instructions of the Government.” 4. Since the aforementioned clarification did not contain the adjustment of the surplus qualified staff in the RMS vide clarification dated 06.09.2019 Annexure A17 stated that the surplus qualified MTS/Postman or Postal Division can or cannot be allotted to RMS Division/Unit or vice versa. The answer was OP (CAT) NO. 44 OF 2024 -7- 2025:KER:27793 given in positive. Relevant portion of the same reads as under: “Subject: Recruitment to the posts of Postal Assistant and Sorting Assistant (in offices other than Foreign Post Organisation) through Limited Departmental Competitive Examination of Postman/ Mail Guard /Despatch Rider / MTS and direct recruitment of Gramin Dak Sevaks (GDS) on the basis of competitive examination for the vacancy year 2015-16, 2016-17, 2017- 18, 2018 (01.04.18 to 31.12.18) & 2019 (01.01.19 to 31.12.19) to be held on 15.09.2019. Sir, References are being received from Circles seeking clarification in connection to Directorate's letter of even number, dated 08.07.2019 and 26.07.2019. 2. Directorate vide letter dated 08.07.2019 allowed MTS and, Postman officials who were GDS during 2015-16, 2016-17, 2017-18 and 2018 to appear for the posts of PA/SA under GDS quota for the examination, to be held on OP (CAT) NO. 44 OF 2024 -8- 2025:KER:27793 15.09.19. However, the said letter of 08.07.2019 was withdrawn immediately and all the Circles were informed accordingly. 3. Further, Directorate vide letter dated 26.07.2019 issued instructions regarding the order of selection of candidates for appointment as Postal Assistant and Sorting Assistant (in offices other than Foreign Post Organisation) for (promotion through Limited Departmental Competitive Examination and direct recruitment of Gramin Dak Sevaks (GDS) on the basis of competitive examination. 4. The point wise reply to the queries raised by the Circles are as under:- S.No. Query Reply (a) xxxxx xx (b) Whether a Surplus Qualified MTS/ Postman of Postal Division may be allotted to RMS Division/Unit and vice versa under failing which clause (b) of Directorate Letter dated 26.07.2019? yes (c) xxxxx xx (d) xxxxx xx (e) xxxxx xx (f) xxxxx xx OP (CAT) NO. 44 OF 2024 -9- 2025:KER:27793 5. The provisions mentioned in the Directorate letter No. 04-08/2019-SPN-I dated 26.07.2019 is self-explanatory in nature. However, since some of the Circles raised the queries, therefore, it was felt to issue clarification in this subject to all Circles for information and necessary action.” 5. Leaned Tribunal, while dealing with the objections raised by the respondents, in paragraph No.21, rejected the plea of the petitioners in the following manner: “21. Having carefully considered all the above contentions and also after going through the records, we do not find a sufficient case has been built by the applicants for a consideration of their claim as for appointment as Sorting Assistants in RMS TV Division. The Rules and instructions which stood at that particular point of time appear not to allow the consideration of their claim for posting as Sorting Assistants. It is clear that the applicant did not apply or appear for the examination for promotion as Sorting Assistants which involved a different pattern and syllabus. They could not therefore be considered for the same. They had applied OP (CAT) NO. 44 OF 2024 -10- 2025:KER:27793 for the post of Postal Assistants in which examination they were unsuccessful in the sense that their ranks were lower. Nor were their marks sufficiently high enough for consideration for appointment in The other divisions within the circle The The clarifications at Annexures A16 and A17 in relation to how the allocation to these posts have to be considered even if favouring the applicants, have been sought to be explained by the respondents as only having prospective effect and not having retrospective effect. It is seen that the clarification had been issued after the announcement of the results of the surplus qualified candidates on 12.06.2019, based on their examination of 09.12.2018. The clarifications were issued on 26.07.2019 (Annexure A16) and 06.09.2019 (Annexure A17) and have been made applicable to the examination held after the issue of the clarifications. 22. Besides the above, it is clear to us that the procedure as well as the notifications at Annexure Al had, ab initio, laid down that there are different procedures for the post of PA/SA. These were never questioned by the applicants at any stage. They would have known very well when writing the examination that they were OP (CAT) NO. 44 OF 2024 -11- 2025:KER:27793 being considered only in the cadre of PA. While Recruitment Rules for both the posts of P.A and S.A may be the same, the process of recruitment was different in each case. Further, there does not seem to be sufficient data provided to accept the contention of the applicants that transfer between the cadres of PA & SA is common. The background of the two cases that were brought forth by the applicants by way of examples have been adequately explained by the respondents. Thus, it is fairly clear that the cadres of SA & PA, worked in two separate wings of the Postal Service namely in the Post Offices and the Railway Mail Service. These wings were functionally separate even if the promotion/recruitment Rules may be the same. As per the information provided of the vacant posts after adjustment of surplus candidates etc., it appears that these have to be offered to GDS candidates or put forth for direct recruitment. It appears that this procedure had been commonly followed and it would not be in the fitness of things at this stage for interference in a well laid down and accepted procedure, which is part of the practice within the postal department. 23. Overall, it therefore appears that the contentions of the applicants seem more in the OP (CAT) NO. 44 OF 2024 -12- 2025:KER:27793 nature of an afterthought. They had appeared in the examination for Postal Assistants and decided to press their luck for being considered for the post of Sorting Assistants. Otherwise they would have attacked the very procedure of selection which allowed for the process to take place by holding two separate examinations for Paper-II for the post, i.e., a specific Paper-II for Postal Assistants and another one for the post of Sorting Assistants. In effect, therefore, we do not find that a sufficient case has been made and in view of all the above considerations, we do not find in favour of the applicants in the O.A 24. The O.A is accordingly dismissed. No order as to costs.” 6. We are afraid that the aforementioned findings are totally incorrect as, on perusal of Annexure A16, which is extracted above, it is evident that the aforementioned circular/order was meant for surplus sorting staff and therefore it cannot be considered to be prospective. It was only meant for surplus staffs means the petitioner was already falling on after having cleared the explanation in 2018. OP (CAT) NO. 44 OF 2024 -13- 2025:KER:27793 For the reason aforementioned, we thus set aside the order of the tribunal and allow the O.A. Consequently, present O.P. is also allowed directing the respondents to post these petitioners, who have been rendered as surplus in the RMS Division, in view of the clarification given in Annexure A17 as expeditiously as possible, within a period of one month from the date of receipt of the certified copy of the judgment. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE vv OP (CAT) NO. 44 OF 2024 -14- 2025:KER:27793 APPENDIX OF OP (CAT) 44/2024 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE NOTIFICATION NO.RECTT/10-3/2018 DATED 30.10.2018 ISSUED BY THE 3RD RESPONDENT ANNEXURE A2 A TRUE COPY OF THE NOTIFICATION NO.RECTT/10-3/2018 DATED 27.02.2019 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE SELECT LIST. ANNEXURE A3 TRUE COPY OF THE LETTER NO.RECTT/10- 3/RTI/LGO/2018 DATED 11.04.2019 ISSUED TO THE 1ST APPLICANT BY THE 3RD RESPONDENT. ANNEXURE A4 TRUE COPY OF THE LETTER NO.RECTT/10- 3/RTI/LGO/2018 DATED 28.03.2019 ISSUED TO THE 2ND APPLICANT BY THE 3RD RESPONDENT. ANNEXURE A5 TRUE COPY OF THE LETTER NO.RECTT/10- 3/RTI/LGO/2018 DATED 29.03.2019 ISSUED TO THE 3RD APPLICANT BY THE 3RD RESPONDENT ANNEXURE A6 TRUE COPY OF THE LETTER NO.RECTT/10- 3/RTI/LGO/2018 DATED 24.05.2019 ISSUED TO THE 4TH APPLICANT BY THE 3RD RESPONDENT. ANNEXURE A7 TRUE COPY OF THE REPRESENTATION DATED 24.04.2019 SUBMITTED BY THE 1ST APPLICANT TO THE 2ND RESPONDENT. ANNEXURE A8 TRUE COPY OF THE REPRESENTATION DATED 26.04.2019 SUBMITTED BY THE 2ND APPLICANT TO THE 2ND RESPONDENT. OP (CAT) NO. 44 OF 2024 -15- 2025:KER:27793 ANNEXURE A9 TRUE COPY OF THE REPRESENTATION DATED 26.04.2019 SUBMITTED BY THE 3RD APPLICANT TO THE 2ND RESPONDENT. ANNEXURE A10 TRUE COPY OF THE REPRESENTATION DATED 24.04.2019 SUBMITTED BY THE 4TH APPLICANT TO THE 2ND RESPONDENT. ANNEXURE A11 TRUE COPY OF THE REPRESENTATION DATED 16.05.2019 SUBMITTED BY THE 1ST APPLICANT TO THE 2ND RESPONDENT. ANNEXURE A12 TRUE COPY OF THE REPRESENTATION DATED 16.05.2019 SUBMITTED BY THE 2ND APPLICANT TO THE 2ND RESPONDENT. ANNEXURE A13 TRUE COPY OF THE REPRESENTATION DATED 16.05.2019 SUBMITTED BY THE 3RD APPLICANT TO THE 2ND RESPONDENT ALONG WITH THE RE-TYPED COPY. ANNEXURE A14 TRUE COPY OF THE REPRESENTATION DATED 17.05.2019 SUBMITTED BY THE 4TH APPLICANT TO THE 2ND RESPONDENT. ANNEXURE A15 TRUE COPY OF THE LETTER F.NO.A- 34012/02/2019-DE DATED 21.06.2019 ALONG WITH THE MODEL NOTIFICATION ISSUED BY DIRECTOR (DE). ANNEXURE R1 TRUE COPY OF THE DIRECTORATE LETTER NO.60-1/2011-SPB-I DATED 10.03.2011. ANNEXURE R2 TRUE COPY OF THE RECRUITMENT RULES OF PA/SA, 2015. ANNEXURE R3 TRUE COPY OF THE LETTER NO.RECTT/10- 03/2018 DATED 12.06.2019. ANNEXURE A16 TRUE COPY OF THE LETTER F.NO.04- 08/2019-SPN-I DATED 26.07.2019 ISSUED OP (CAT) NO. 44 OF 2024 -16- 2025:KER:27793 BY THE 1ST RESPONDENT. ANNEXURE A17 TRUE COPY OF THE LETTER F.NO.04- 08/2019-SPN-I DATED 06.09.2019 ISSUED BY THE 1ST RESPONDENT. ANNEXURE A18 ANNEXURE A18: TRUE COPY OF THE APPLICATION DATED 15.01.2020 ADDRESSED BY SMT. S. SARITHA TO THE SENIOR SUPERINTENDENT OF RMS, RMS TV DIVISION. ANNEXURE A19 TRUE COPY OF THE LETTER NO.RTI/RMS TV/9/2020 DATED 10.02.2020 ISSUED TO SMT. S. SARITHA BY THE SENIOR SUPERINTENDENT AND CENTRAL PUBLIC INFORMATION OFFICER. ANNEXURE A20 TRUE COPY OF THE APPLICATION DATED 15.01.2020 SUBMITTED BY SMT. S. SARITHA TO THE SENIOR SUPERINTENDENT OF RMS, RMS ‘EK’ DIVISION ANNEXURE A21 TRUE COPY OF THE LETTER NO.RTI/R-5/20 DATED 10.02.2020 ISSUED BY THE SUPERINTENDENT AND CPIO RMS ‘EK’ DIVISION. ANNEXURE A22 TRUE COPY OF THE APPLICATION DATED 15.01.2020 SUBMITTED BY SMT. S. SARITHA TO THE SENIOR SUPERINTENDENT OF RMS, RMS ‘CT’ DIVISION ANNEXURE A23 TRUE COPY OF THE LETTER NO.D4/RTI/SRM/JAN/1 DATED 18.02.2020 ISSUED BY THE SUPERINTENDENT AND CPIO OF RMS, ‘CT’ DIVISION. ANNEXURE R4 LETTER NO. RECTT/10-6/2019 DATED 05.08.2019. ANNEXURE R5 LETTER NO. RECTT/10-3/2019 DATED OP (CAT) NO. 44 OF 2024 -17- 2025:KER:27793 24.06.2019. ANNEXURE R6 LETTER NO. RECTT/10-6/2019 DATED 16.07.2019. EXHIBIT P1 TRUE COPY OF O.A.NO.180/00555/2019 FILED BY THE PETITIONERS BEFORE THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 09.12.2019 FILED BY THE RESPONDENTS EXHIBIT P3 TRUE COPY OF THE REJOINDER DATED 28.11.2021 FILED BY THE PETITIONERS EXHIBIT P4 TRUE COPY OF REPLY STATEMENT DATED 19.05.2022 TO THE REJOINDER FILED BY THE RESPONDENTS EXHIBIT P5 TRUE COPY OF THE ORDER DATED 03.10.2023 IN O.A.NO.180/00555/2019 OF THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH