(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Ms. Sejal Mandavia, learned counsel for the appellant. This Special Civil Application has been filed challenging the order dated 3.4.2012 passed by the Central Administrative Tribunal, Ahmedabad in O.A. No. 121/2011.
2. The respondent was working as Gramin Dak Sevak since 1992 in the Surat Division. It is not disputed that she was permitted to work in Group 'D' cadre in the year 2006 and are governed by Rules known as Department of Posts (Group 'D' Posts) Recruitment Rules, 2002 (fort short, “the Rules”) which came into force w.e.f. 23.1.2002. The respondent has applied for the post as Group 'D' cadre in 2007. She was not considered for the above post as she had not passed Std. VII examination. As per the Rules, Std. VIII passed is the essential qualification required and hence according to the appellant, the respondent was not educationally qualified for Group 'D' Cadre. On 14.7.2010, respondent had represented her case and she was informed by SSPOS, Surat that in view of the existing Rules, she cannot be recruited to the Group 'D' Cadre. The criteria for appointment on the post of Group 'D' Cadre is selection cum seniority. As the respondent had passed Std.VII and not Std.
VIII examination, she was found to be ineligible for the post of Group 'D' Cadre.
3. The respondent had filed an Original Application before the Central Administrative Tribunal for absorption/promotion in Group 'D' Cadre. The Tribunal allowed the O.A. No. 121/2011 and set aside the impugned communication with a direction to regulate the consequential benefits within a period of four months from the date of receipt of copy of the order of the Tribunal. Being aggrieved by and dissatisfied with the impugned order passed by the Tribunal, the present Special Civil Application has been filed by the petitioners.
4. The only objection raised by the respondent was that the Selection Committee did not find the present respondent suitable for appointment as she had not passed Std. VIII examination. It is not disputed that the respondent has passed Std. VII. When she was recruited in the year 1992 as Gramin Dak Sevak, there was no requirement of passing of Std. VIII for getting appointment on Group 'D' posts. Requirement of qualification of passing of Std. VIII examination had been introduced by Rules of 2002 that a Gramin Dak Sevak candidate can be appointed on a Group 'D' post i.e.
provided she/he had passed Std. VIII examination. The Tribunal has considered this aspect of the matter and recorded finding in para 6 as under:
“6. We are therefore of the view that the condition imposed retrospectively requiring the EDA employees/GDS employees to be “absorbed” only on the basis of having passed class VIII would not be applicable on persons appointed prior to the introduction of this rule as in the case of the applicant, who as aforenoted was appointed in 1991. A barrier cannot therefore be retrospectively introduced to adversely affect the applicant's absorption into Group 'D' which is the only available channel for absorption of erstwhile EDA/GDS employees. We therefore, do not agree with Mr Dave's arguments.”
We are in agreement with the view taken by the Tribunal that qualification of passing Std.VIII examination for appointment of Gramin Dak Sevak and for absorption in Group 'D' Cadre was introduced in 2002 whereas the respondent became eligible much before the introduction of new Rules to claim Group 'D' post.
5. For the aforesaid reasons, we do not find any illegality in the impugned order passed by the Tribunal. This appeal thus fails and is accordingly dismissed.
msp [V.M. SAHAI, J.] [G. B. SHAH, J.]