Abolition of Posts - Legal Position

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 NFPE Kerala 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 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.
 

NFPE and 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.

 

Source : AIPEUP3CHQ