As
per the orders issued by the Government of India in 2001 for abolishing posts
as per screening committee recommendations, only 2/3 direct recruitment
vacancies should be abolished. Promotional Posts should not be abolished.
Based on this order Kerala circle filed a case in CAT Ernakulam against
abolishing Postmen & Group ‘D’ posts, as these posts are promotional
posts of GDS employees. Department argued that promotion from GDS to
Postman/MTS is direct recruitment and not promotion. But CAT has not accepted
Department arguments. CAT, Ernakulam bench delivered a Judgement that promotion
from GDS to Postman/MTS is not direct recruitment but promotion. CAT Directed
CPMG not to abolish Postman/MTS posts and to fill up all the posts by
promoting GDS.
Department
went on appeal to High court Kerala. But High Court confirmed CAT order.
Accordingly in Kerala circle all the promotional posts of GDS were filled by
promoting GDS. Based on the same order now FNPO P4
& NFPE P4 CHQ and GDS (NFPE) have filed a case in Principal CAT and
obtained stay order from abolishing Postmen & MTS posts.
Some
comrades are asking why abolition of PA/SA posts cannot by stayed. Department
is not abolishing the promotional posts in the PA and SA cadre (LGOs
vacancies). But they are abolishing direct recruitment vacancies only.
Eranakulam
CAT order is not applicapable to Direct recruitment vacancies. It is applicable
to promotional vacancies only. In the PA/SA cadre there is no promotional
vacancy for GDS in the oustide quota (Direct Recruitment Quota). This is the
legal position. There is no chance for getting stay order for PA/SA direct
recruitment post as it is not promotional post. This is the legal advice
received by us.
FNPO P4& NFPE
P4 CHQ has protested against the abolition of
Posts, but Department of posts is taking a stand that eventhough they have
tried best to get exemption from abolishing direct recruitment posts, the
Government of India has not granted any exemption and hence the Direct
recruitment vacancies recommended by screening committee up to 2008 have to be
abolished. From 2009 onwards there is no abolition of posts and all the
vacancies can filled up as per the orders of the Department.
Regarding
postmen and MTS abolition, the abolition is stayed on Technical grounds stated
above because the CAT Ernakulam has clearly ruled that promotion from GDS to
Postman & MTS is not direct recruitment.
This
argument cannot be raised in the case of PA/SA direct recruitment vacancies.