IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 12599 of 2008(S) -------------------------- OA.130/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: ------------ 1. SUPERINTENDENT OF POST OFFICES, VADAKARA DIVISION, VADAKARA. 2. THE POSTMASTER GENERAL, NORTHERN REGION, KOZHIKODE. 3. CHIEF POSTMASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. 4. DIRECTOR GENERAL OF POST, DAK BHAVAN, NEW DELHI. 5. UNION OF INDIA, REPRESENTED BY SECRETARY DIRECTOR GENERAL OF POSTS, MINISTRY OF COMMUNICATION, NEW DELHI 110001. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL RESPONDENT: ------------- M.GOPALAN, S/O.M.ANDY WORKING AS GROUP D, SWEEPER OFFICIATING, VADAKARA HO GDS(MD) ATHIYODI SO, VADAKARA DIVISION, RESIDING AT MARAPPATTAMMAL HOUSE, KAYANNA BAZAR P.O., VIA.PERAMBRA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 12599 OF 2008-S ----------------------------------------- Dated 2nd June, 2008. JUDGMENT Balakrishnan Nair, J. The respondents in O.A.No.130/2007 before the Central Administrative Tribunal, Ernakulam Bench are the writ petitioners. The respondent herein was the applicant before the Tribunal. The applicant was aspiring for promotion to the Group D post in the 75% quota earmarked for Gramin Dak Sevak. The respondents in the O.A took the stand that for filling up the vacancies in that cadre, clearance of vacancies by the Departmental Clearance Committee, as per Annexure-A7 O.M., produced along with Ext.P1 O.A., was necessary. The Tribunal found that appointment of a Gramin Dak Sevak to Group D cadre does not amount to direct recruitment and therefore, the stipulations in Annexure-A7 are not applicable. The said view was taken by the Tribunal, relying on its own earlier decisions, which were affirmed by this Court also. So, we find nothing illegal with Ext.P3 order of the C.A.T., by which Ext.P1 O.A was WPC 12599/08 2 allowed. We agree with the reasons and conclusions of the Tribunal. Accordingly, the Writ Petition is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/