Ravi Shankar Tiwari vs D/o Postal on 15 October 2026

O R D E R

By Mallika Arya, AM:- Through this Original Application applicant is seeking quashing of order dated 07.10.2015 (Annexure A/4) with a direction to respondent No.2 to promote him on the post of Dakpal with all consequential benefits.

2. The facts of the case are that the applicant has been appointed as Extra Departmental Main Carrier/Delivery Agent vide order dated 22.06.1983. The grievance of the applicant is that he has not been granted promotion even after completing 31 years of service. He submitted representation dated 30.03.2015 (Annexure A/2) to the respondents. On non receipt of any response, applicant preferred O.A. No.561/2015 before this Tribunal which was disposed vide order dated 10.07.2015. In compliance of said order, respondents decided and rejected the representation vide order dated 07.10.2015 (Annexure A/4) on the ground that there is no rule to promote him as Dakpal. He has submitted that the similar situated employees were promoted as Dakpal by the respondents but he has not been given any promotion. Hence this Original Application.

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KARUNA GUPTA

3. Respondents in their reply have submitted that the Extra Departmental Agents are paid TRCA (Time Related Continuity Allowance) only and their terms of engagement are regulated under separate set of rules known as GDS (Conduct and Employment) rules, 2001. Under the said rules there is no guaranteed promotion policy for the Gramin Dak Sewaks. The Gramin Dak Sewaks can only be promoted as postman/MTS by way of examination that to on the basis of seniority cum fitness subject to availability of vacancies for a particular category. The applicant was not the senior most official amongst all the Gramin Dak Sewaks working in the Rewa postal Division. Hence, he has no right to claim promotion out of turn. As per marksheet of class 11th of the applicant (Annexure R/4), his date of birth is 04-01-1965 and he has already crossed the 50 years of age. The applicant belongs to OC for which maximum age limit of 50 years has been prescribed in recruitment rules for promotion. Hence the applicant is not entitled for any promotion being over age. 3.1 Further the applicant was asked to submit his application with documents if he wished to work as Branch Postmaster at Bheda or Babupur EDBO near to his place

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of residence vide letter dated 10.03.2016 (Annexure R/4). However, the applicant vide his application dated 10-03- 2016 (Annexure R/3) submitted that he was willing to work as Branch Postmaster at Bhatigawan EDBO only. Since the post of Branch Postmaster Bhatigawan was not vacant, he was not given promotion. Further if GDS applies and fulfills the educational qualification prescribed for recruitment of branch postmasters then only he can be appointed as Branch Postmaster. The following educational qualifications are prescribed for appointment as Branch Postmaster-

(i) . The candidate should be matriculate from any recognized board.

(ii) . The candidate should have basic knowledge of computer and a certificate of 60 days computer training from any recognized institution must be produced. This qualification has been added from 15.02.2015.

(iii) . The branch postmaster should provide suitable accommodation for functioning of a branch post office. In his representation dated 30.3.2015, the applicant did not mention his qualifications. Hence his case was not considered for appointment as Branch Postmaster.

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KARUNA GUPTA

4. Rejoinder has been filed by the applicant, He has submitted that Shri Rajender Prasad Mishra and Shri Rajan Prasad Shukla were promoted by respondent No.2 vide order dated 28.03.2016 and 06.07.2016 who are similarly situated employees as the applicant. His case for promotion should have been considered on the principles of parity.

5. Additional reply to the rejoinder has been filed by the respondents wherein they have submitted that the concerned employees furnished their willingness to work as Branch Postmaster since posts were also vacant. Hence they got appointed. The applicant was also asked to apply for appointment as branch postmaster Bheda and Babupur Branch Post Office near to his place of residence. However he desired to work only at Bhatigawan Branch Post Office and there was no post vacant at Bhatigawan.

6. We have heard learned counsel for the parties and perused the pleadings and documents annexed therewith.

7. At the outset, the length of service rendered by the applicant as GDS, cannot by itself confer a vested right for appointment to a higher post. The entitlement for

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appointment to another post has to be determined in accordance with the applicable Recruitment Rules and the mode of recruitment prescribed therein. The legal position concerning the status of GDS regarding the regular Postal Service has been settled by the Hon'ble Supreme Court in Y. Najithamol & Ors. v. Soumya S.D. & Ors., (2016) 9 SCC 352. The Hon'ble Supreme Court held that GDS/Extra Departmental Agents are outside the regular civil service of the Department of Posts and that appointment of GDS to the post of Postman under the relevant Recruitment Rules is by way of direct recruitment and not promotion. The Court specifically observed that GDS cannot be treated as a feeder cadre for promotion to the regular Postman cadre. Thus, merely because the applicant had been working as an Extra Departmental Agent/GDS since 1983, he can not claim promotion to the post of Dakpal/Postman as a matter of right. His claim necessarily has to be considered in accordance with the recruitment procedure applicable to the post.

8. The contention of the applicant that other GDS employees were granted appointment without appearing in an examination cannot, by itself, be a ground to allege

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discrimination. Respondents have explained that the cases of employees relied upon by the applicant were considered since they had furnished their willingness to work as Branch Postmaster and vacancies were available for such appointment.

9. The respondents have stated that an offer of appointment as Branch Postmaster at a nearby place was made to the applicant, but he declined the same and furnished his unwillingness to work at any place other than Bhatigaon. Thus, the applicant cannot simultaneously contend that no opportunity was offered to him and, having declined the available opportunity on account of the place of posting, and further seek a direction for his appointment at the place of his choice.

10. It is also pertinent that the applicant has not demonstrated any statutory provision under which a GDS acquires an automatic right to appointment as Dakpal merely on completion of a particular length of service.

11. The judgment of the Hon'ble Supreme Court in Y. Najithamol further makes it clear that the appointment of GDS to the regular Postman cadre cannot be treated as promotion merely because the candidates are already

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serving the Department as GDS. The Court had reiterated that GDS constitute a category outside the regular Postal Service.

12. In the present case, the applicant admittedly did not participate in or qualify through the prescribed competitive examination for the post claimed by him. His claim for automatic promotion merely on the basis of 31 years of service, therefore, cannot be sustained.

13. Accordingly, we find no illegality in the rejection of the applicant's representation. The applicant has failed to establish any statutory or enforceable right to promotion/appointment as Dakpal merely on the basis of his long service as GDS.

14. In view of the above, the Original Application is devoid of merit and is accordingly dismissed. No order as to costs.

(Mallika Arya) (Rajinder Singh Dogra) Administrative Member Judicial Member kg/-

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