M. Elangovan vs Union Of India And Ors. Rep. By Its Chief Postmaster General

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9141 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 25008 OF 2012 ]

M.ELANGOVAN Appellant(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant is aggrieved since he is not

granted the promotion in respect of 25% quota, which

according to the appellant, is solely based on

seniority.

3. Sh. Ajit Kumar Sinha, learned senior counsel

appearing for the Union of India, submits that even

if it is seniority channel also for the 50% direct

recruitment, the incumbent concerned should not have

crossed the age as on the cut-off date. We find it

difficult to appreciate the submission made by the

learned senior counsel.

4. As far as promotion based on seniority is

concerned, there cannot be any cut-off date. We may Signature Not Verified

refer to the rule as extracted in the counter Digitally signed by JAYANT KUMAR ARORA Date: 2017.08.05 12:52:58 IST Reason:

affidavit filed by the respondents as far as

promotions are concerned :-

2

“i. 25% of the vacancies of Postman

shall be filled up from amongst ED

Agents with a minimum of 15 years

service on the basis of their seniority

failing which by ED Agents (now

designated as GDS) on the basis of

Departmental exam”

5. After the amendment of the rule on 30.01.1995,

25% of the vacancies of Postman are to be filled up

from amongst the extra-departmental Agents with a

minimum of 15 years of service, on the basis of their

seniority only. In case the Department fails to get

sufficient number of candidates, then those vacancies

are to be granted to the direct recruits on the basis

of the examination, in which case the cut-off date is

applicable.

6. The learned senior counsel further points out

that in any case, there were seniors above the

appellant. The learned counsel for the appellant

submits that there were no seniors. Once we have

clarified the rule position that the 25% vacancies

are to be filled up only on the basis of seniority

without reference to any cut-off date, and in case

the appellant is senior enough to be considered in 3

respect of 25% of the vacancies, his case shall be

considered for promotion and appropriate action in

this regard shall be taken within a period of two

months from the date of production of a copy of this

Judgment.

7. With the above observations and directions, the

appeal is disposed of.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ R. BANUMATHI ]

New Delhi;

July 17, 2017.