IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 545 of 2008(S) ------------------------ OA.286/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: ------------ 1. THE SUPERINTENDENT OF POST OFFICES, THALASSERY DIVISION.P.O.,THALASSERY 670102. 2. THE POSTMASTER GENERAL NORTHERN REGION, KOZHIKKODE. 3. THE CHIEF POSTMASTER GENERAL KERALA CIRCLE,THIRUVANANTHAPURAM. 4. DIRECTOR GENERAL OF POSTS DAK BHAVAN, NEW DELHI. 5. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,MINISTRY OF COMMUNICATIONS, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENT: ------------- ELIZABATH FRANCIS,D/O. THE LATE FRANCIS WORKING AS PART TIME SWEEPER, THALASSERY HPO RESIDING AT NARAMPARAMBATH MULLIL HOUSE, COIMBATORE SAW MILL ROAD, WEST PONNIAM PO, ERNHOLI THALASSERY, PIN 670 107. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO. 545 OF 2008 - S -------------------------------------------------------------- Dated this the 7th day of January, 2008. JUDGMENT Balakrishnan Nair, J: The writ petitioners are the respondents in O.A.286/2005. The said O.A was filed by the respondent herein, who is a part time casual labourer working in the Thalassery Head Post Office seeking a direction to appoint her as full time casual labourer. She also staked her claim for promotion to the Group-D post. The Tribunal declined to grant the first relief but, concerning the 2nd relief, the following direction was issued. “In the interest of justice and based upon the findings above, we order that the respondents shall take immediate steps for computing the number of Group-D vacancies and proceed to fill them up as provided under Col.11 of A-6, viz, conducting of eligibility test of candidates from Sl.No.2 and filling them up with successful candidates and the remaining vacancies if any, to be filled in as provided under sub para (i) & (ii) and direct recruitment should be resorted to if and only if the above measures do not yield the desired result”. WPC.545/08 . 2 2. This writ petition is filed challenging the said direction in Ext.P3 order of the CAT. The learned counsel for the petitioners submitted that Group-D post has to be filled up by direct recruitment and a part time casual labourer has no claim, what so ever, for appointment to that post. The said stand runs counter to the recruitment rules of Group-D post, a copy of which is produced as Annexure A6 along with Ext.P1 original application. As per the Rules, the appointment to the post of Group-D has to be made in the of ratio 75:25 from two sources subject to determination of eligibility by holding a test. 25% vacancies have to be filled up from casual labourers with temporary status of the recruiting division or unit, failing which by full time casual labourers of the recruiting division or unit, failing which by full time casual labourers of the neighbouring division or unit, failing which by part time casual labourers of the recruiting division or unit, failing which by direct recruitment. The relevant portion of the rule is available at Page-28 of the paper book. 3. Going by the above rule, contention of the writ petitioners that part time casual labourers has no claim for appointment in Group-D posts cannot be accepted. We, therefore, find nothing illegal with WPC.545/08 . 3 the direction issued by the Tribunal. In the result, the writ petition fails and it is dismissed. K. BALAKRISHNAN NAIR, JUDGE. P.N. RAVINDRAN, JUDGE. cl WPC.545/08 . 4 K. BALAKRISHNAN NAIR, JUDGE. WPC.545/08 . 5 P.N. RAVINDRAN, JUDGE. cl WPC.545/08 . 6