1 W.P.No. 7072.09+18 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7072 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Senior Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] Office of Inspector of Post, Aurangabad North Sub Division, Aurangabad ..PETITIONERS VERSUS Raju Sahebrao Tayade, Age : 25 years, Occupation Nil, R/o At Post Andheri,Ta.Sillod. ..RESPONDENT WITH WRIT PETITION NO.6437 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Senior Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] Assistant Superintendent of Post Offices, South Sub Division, Aurangabad 2 W.P.No. 7072.09+18 4] The Sub Post Master, CIDCO Colony, H.S.G.II, Aurangabad. ..PETITIONERS VERSUS Sunil Hari Pawar, Age: 34 years, Occupation Nil, R/o H. No.271, N-6, CIDCO, Avishkar Colony, Aurangabad. ..RESPONDENT WITH WRIT PETITION NO.6438 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] The Sub-Divisional Officer(P), Sillod Sub Division, Sillod, District Aurangabad ..PETITIONERS VERSUS Suresh Dharma Rathod, Age: Major, Occupation Nil, R/o Avishkar Colony,N-6, Aurangabad. ..RESPONDENT WITH WRIT PETITION NO.6525 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 3 W.P.No. 7072.09+18 2] The Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] Assistant Superintendent of Post Offices, Jalna Sub Division, Jalna. 4] The Post Master, Kajala Branch Post Office, Jalna R.S., Jalna. ..PETITIONERS VERSUS Shaikh Nazir Shaikh Khaiyaum, Age: 24 years, Occupation Nil, R/o Noor Colony, Juna Bazaar, P.O.Aurangabad. ..RESPONDENT WITH WRIT PETITION NO.7065 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] Assistant Superintendent of Post Offices, Aurangabad Sub Division, Aurangabad. 4] The Post Master, Sub Post Office, Samarthnagar, Aurangabad ..PETITIONERS 4 W.P.No. 7072.09+18 VERSUS Ramesh Namdeo Kakade, Age: 30 years, Occupation Nil, R/o Opp. Head Post Office, Juna Bazar, Aurangabad. ..RESPONDENT WITH WRIT PETITION NO.7066 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Senior Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] Assistant Superintendent of Post Offices, Central Sub Division, Aurangabad. 4] Sub Divisional Inspector, South Sub-Division, Aurangabad. ..PETITIONERS VERSUS Ashok Appasaheb Kuber, Age: 24 years Occupation Nil, R/o Georai (Kuber), Taluqa and District Aurangabad. ..RESPONDENT WITH WRIT PETITION NO.7067 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 5 W.P.No. 7072.09+18 2] The Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] Assistant Superintendent of Post Offices, Sub Division, Aurangabad. 4] Sub Divisional Inspector, Central Sub Divisional Aurangabad. ..PETITIONERS VERSUS Shaikh Ayyas Shaikh Ahmed, Age: 24 years Occupation Nil, R/o Heena Nagar, Near Abu Bakar Masjid, Aurangabad. ..RESPONDENT WITH WRIT PETITION NO.7068 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Senior Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] Office of the Inspector of Post Aurangabad East Sub Division, Aurangabad. ..PETITIONERS VERSUS 6 W.P.No. 7072.09+18 Vitthal Rambhau Lokhande, Age: 24 years Occupation Nil, R/o C/o G. K. Godghase, N-8, Vinayak Society,CIDCO, Aurangabad. ..RESPONDENT WITH WRIT PETITION NO.7069 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] The Sub-Divisional Officer(P), Sillod Sub-Division, Sillod, District Aurangabad. ..PETITIONERS VERSUS Samadhan Sahebrao Bombe, Age: 24 years Occupation Nil, R/o At post Adgaon, Ta. Bhokardan, District Jalna. ..RESPONDENT WITH WRIT PETITION NO.7070 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 7 W.P.No. 7072.09+18 2] The Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] Assistant Superintendent of Post Offices, Aurangabad Sub- Division, Aurangabad. 4] The Post Master,Hatti Branch Post Office, Tq.Sillod,District Aurangabad. ..PETITIONERS VERSUS Ramesh Hari Pawar, Age: Major Occupation Nil, R/o Avishkar Colony, H.No.271, N-6, CIDCO, Aurangabad ..RESPONDENT WITH WRIT PETITION NO.7071 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] The Sub-Divisional Officer(P), Sillod Sub Division, Sillod District Aurangabad. ..PETITIONERS 8 W.P.No. 7072.09+18 VERSUS Angad Govind Salunke, Age: 29 years Occupation Nil, R/o C/o P.B. Suryawanshi, N-9, ’L’ Sector, 128/4, Shivajinagar, CIDCO, Aurangabad ..RESPONDENT WITH WRIT PETITION NO.7073 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Sr.Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] The Sub-Divisional Officer (Postal), Central Sub Division, Aurangabad. ..PETITIONERS VERSUS Narendra Phulchand Pardeshi, Age: 41 years Occupation Nil, R/o C/o D. H. Pardeshi, C-43, Lane No.3 Bhawani Nagar, Old Mondha, Aurangabad ..RESPONDENT WITH WRIT PETITION NO.7074 OF 2009 9 W.P.No. 7072.09+18 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] The Sub-Divisional Officer (P), Paithan Sub Division, Paithan, District Aurangabad. ..PETITIONERS VERSUS Kishor Madhukar Dangre,Age: 26 years Occupation Nil, R/o Takli (Ambad), Tq. Paithan, District Aurangabad. ..RESPONDENT WITH WRIT PETITION NO.7075 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Sr. Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] Assistant Superintendent of Post Offices, Central Sub Division, Aurangabad. ..PETITIONERS 10 W.P.No. 7072.09+18 VERSUS Shaikh Jamir Shaikh Abdul Gani, Age: 29 years Occupation Nil, R/o Lane No.27, Rehemaniya Colony, Aurangabad. ..RESPONDENT WITH WRIT PETITION NO.7076 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] The Sub-Divisional Officer(P), Sillod Sub Division, Sillod District Aurangabad. ..PETITIONERS VERSUS Shankarlal Gendalal Suryawanshi, Age: 43 years Occupation Nil, R/o Mhada Colony, Murtijapur, Jai-Hind Nagar, H. No.1105, N-2,CIDCO.OPP, Dhoot Hospital, Aurangabad ..RESPONDENT WITH WRIT PETITION NO.7077 OF 2009 11 W.P.No. 7072.09+18 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] Assistant Superintendent of Post Offices, Jalna Sub-Division, Jalna. 4] The Post Master, B. O. Panewadi, District Jalna ..PETITIONERS VERSUS Vilas Sainath Pawar,Age 27 years Occupation Nil, R/o H.NO. 115/34/4, N-9, Shivneri Colony, CIDCO, Aurangabad ..RESPONDENT WITH WRIT PETITION NO.7078 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Sr. Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] Office of the Inspector, Aurangabad East-Sub-Division, Aurangabad. ..PETITIONERS 12 W.P.No. 7072.09+18 VERSUS Anand Hansalal Pardeshi,Age Major Occupation Nil, R/o Bhavani Nagar, Aurangabad ..RESPONDENT WITH WRIT PETITION NO.7116 OF 2009 1] The Office of PostMaster General Aurangabad Region, Aurangabad. 2] The Superintendent of Post Offices, Aurangabad Division, Aurangabad. 3] The Sub-Divisional Officer(P), Sillod Sub-Division, Sillod District Aurangabad. ..PETITIONERS VERSUS Suresh Asaram Palhate, Age 40 years, Occupation Nil, R/o Bhavani Nagar, Galli No. F/40, Old Mondha, Aurangabad. ..RESPONDENT WITH WRIT PETITION NO.7550 OF 2009 1] Office of Post Master General Aurangabad Region, Aurangabad. 2] Superintendent of Post Offices, Aurangabad Division, Aurangabad. 13 W.P.No. 7072.09+18 3] Assistant Superintendent of Post Offices, Jalna Sub-Division, District Jalna. 4] The Post Master, Sevali Branch Pot Office, Jalna R. S. District Jalna ..PETITIONERS VERSUS Anil Dhanraj Chavan, Age 35 years, Occupation Nil, R/o Mauli Plot No.12/A/2,K-3 Sector, N-8,CIDCO, Aurangabad. ..RESPONDENT ... Shri. Ruturaj C.Patil,Advocate for Petitioners. Shri A.M.Sharma,Advocate for petitioners (in W.P.Nos. 6437/09 and W.P.No.7076/09) Shri N.S.Choudhary,Advocate for petitioners (in W.P.Nos. 6525/09 and 7075/09 ) Shri.S.S.Kulkarni, Advocate for Respondents. Shri V.S.Panpatte,Advocate for respondents. ( in W.P.No.7066/09 and 7078/09) ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 9TH JUNE, 2010. ORAL JUDGMENT : 1. Heard learned counsel for the parties. Rule returnable forthwith. 14 W.P.No. 7072.09+18 2. The learned counsel for the petitioners brought to our notice the observations made by the Central Administrative Tribunal, Bombay Bench Mumbai (Hereinafter referred for short as “Tribunal”), in para No.5 as well as ultimate order passed in Para No.8 of the judgment. One of the concluding sentence of the operative order of the Tribunal, in para No.8 reads as follows: “While implementing this order, the respondents will duly take into consideration the observations made herein above” 3. Mr. Ruturaj Patil, learned counsel appearing for petitioners submits that the observations made by the Tribunal in Para No. 5 in respect of giving preference and due weightage to the experience earned by the respondents would be considered for regular appointment to vacant posts by the Central Government. The Counsel has even placed reliance on the ratio laid down in the case Secretary, State of Karnatka and Others Vs. Umadevi and others reported in 2006 DGLS(Soft) 217. 15 W.P.No. 7072.09+18 4. The learned counsel for the respondents submits that in these group of matters the respondents had worked temporarily, on stop gap arrangement by getting break in the services for more than three years. Some of them are still working. The Central Government has decided to call the applications for fresh appointment of more than 22,000 posts of GDS. 5. Perused the impugned judgment and order, other relevant documents brought to our notice. Considering the submissions advanced by the learned counsel for the parties, we find that regular appointments in clear vacant posts are required to be made in accordance with law. We also find that the Tribunal had accordingly directed the present petitioners, but one of the concluding sentence in operative order of the Tribunal, as reflected in para No.8, is :- “While implementing this order, the respondents will duly take into consideration the observations made herein above” 16 W.P.No. 7072.09+18 6. The apprehension of the learned counsel Shri Patil is, in case, the observations made in para No. 5 are taken into consideration, then it would be mandatory to give preference and weightage to the respondents, while undertaking the regular recruitment process. 7. In the given facts of the case, we find, except the last concluding sentence, as reflected in para No.8, rest of the operative order passed in the judgment and order does not call for interference by this Court. 8. Both the learned counsel appearing for the parties agreed that in the light of the order passed in para No.8, the direction to the effect that- “While implementing this order, the respondents will duly take into consideration the observations made herein above” shall not be operative. We, therefore, order that 17 W.P.No. 7072.09+18 the said sentence shall not be operative. It is also clarified by the learned counsel for the petitioners that the observations made by the Tribunal, in respect of giving relaxation in the matter of age, to the respondents would be abided by. The respondents are entitled to participate in the fresh recruitment process, keeping in view the order passed by the Tribunal, as reflected in para No.8 of the judgment. 9. In the light of above, the Writ petition stands disposed of. Rule made partly absolute. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL, J.] MTK