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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9141 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 25008 OF 2012 ] M.ELANGOVAN                             Appellant(s)

                               VERSUS UNION OF INDIA & ORS. Respondent(s)

J U D G M E N T

KURIAN, J. 1. Leave granted. 2. The  appellant  is  aggrieved  since  he  is  not granted the promotion in respect of 25% quota, which according  to  the  appellant,  is  solely  based  on seniority. 3. Sh.  Ajit  Kumar  Sinha,  learned  senior  counsel appearing for the Union of India, submits that even if it is seniority channel also for the 50% direct recruitment, the incumbent concerned should not have crossed the age as on the cut-off date.  We find it difficult to appreciate the submission made by the learned senior counsel. 4. As  far  as  promotion  based  on  seniority  is concerned, there cannot be any cut-off date.  We may refer  to  the  rule  as  extracted  in  the  counter affidavit  filed  by  the  respondents  as  far  as promotions are concerned :-

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“i. 25% of the vacancies of Postman

shall  be  filled  up  from  amongst  ED

Agents  with  a  minimum  of  15  years

service on the basis of their seniority

failing  which  by  ED  Agents  (now

designated  as  GDS)  on  the  basis  of

Departmental exam”

  5. After the amendment of the rule on 30.01.1995, 25% of the vacancies of Postman are to be filled up from  amongst  the  extra-departmental  Agents  with  a minimum of 15 years of service, on the basis of their seniority only.  In case the Department fails to get sufficient number of candidates, then those vacancies are to be granted to the direct recruits on the basis of the examination, in which case the cut-off date is applicable.

6. The  learned  senior  counsel  further  points  out that  in  any  case,  there  were  seniors  above  the appellant.   The  learned  counsel  for  the  appellant submits that there were no seniors.  Once we have clarified the rule position that the 25% vacancies are to be filled up only on the basis of seniority without reference to any cut-off date, and in case the appellant is senior enough to be considered in

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respect of 25% of the vacancies, his case shall be considered  for  promotion  and  appropriate  action  in this regard shall be taken within a period of two months from the date of production of a copy of this Judgment. 7. With the above observations and directions, the appeal is disposed of.    

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; July 17, 2017.