UNION OF INDIA Vs. M MATHIVANAN
LAWS(SC)-2006-6-9
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on June 09,2006

UNION OF INDIA Appellant
VERSUS
M.MATHIVANAN Respondents


Referred Judgements :-

DWIJEN CHANDRA SARKAR VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. V N BHAT [REFERRED TO]



Cited Judgements :-

BISWANATH DASGUPTA VS. UNION OF INDIA [LAWS(GAU)-2009-3-47] [REFERRED TO]
UNION OF INDIA VS. P J MARY [LAWS(KER)-2010-12-494] [REFERRED TO]
DILIP DUTTA VS. DIRECTOR NATIONAL INSTITUTE OF TECHNOLOGY [LAWS(GAU)-2009-2-61] [REFERRED TO]
B S HANCHINAL VS. STATE OF GOA [LAWS(BOM)-2008-9-104] [REFERRED TO]
ASHOK NAMDEORAO CHIMOTE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-7-6] [REFERRED TO 6]
UNION OF INDIA VS. KARAN ANANT PURAO [LAWS(BOM)-2013-7-316] [REFERRED TO]
STATE OF MADHYA PRADESH VS. SATYAVRATA TARAN [LAWS(SC)-2011-12-34] [REFERRED TO]
RAMESH CHANDRA DIXIT VS. STATE OF MP [LAWS(MPH)-2012-4-49] [REFERRED TO]
STATE OF M.P THROUGH PRINCIPAL SECRETARY VS. AJIT S/O SURENDRA NAKADE [LAWS(MPH)-2012-9-220] [REFERRED TO]
S.P. SARKAR VS. UNION OF INDIA [LAWS(CA)-2014-9-42] [REFERRED TO]
DEEPAK KUMAR AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(CA)-2014-3-62] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. SMT. MEENA A. KUWALEKAR [LAWS(BOM)-2016-4-61] [REFERRED TO]
THE UNION OF INDIA VS. SUMITRA NANDAN PRASAD [LAWS(PAT)-2016-8-3] [REFERRED TO]
UNION OF INDIA AND OTHERS VS. LAKSHMI HARIDAS [LAWS(MPH)-2011-12-99] [REFERRED]
VINAYKANT G KARGASTHALA VS. STATE OF GUJARAT & 3 [LAWS(GJH)-2017-2-256] [REFERRED TO]
CHHATTISGARH VIDYUT MANDAL ABHIYANTA SANGH, REGISTERED SOCIETY & ASSOCIATION OF ENGINEERS VS. CHHATTISGARH STATE POWER HOLDING COMPANY LTD [LAWS(CHH)-2018-8-63] [REFERRED TO]
MOHD. YAKUB KHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-8-41] [REFERRED TO]
STATE OF GUJARAT VS. INDRAWADAN NATHALAL MEHTA [LAWS(GJH)-2020-2-75] [REFERRED TO]
STATE OF RAJASTHAN VS. MOHD YAKUB KHAN [LAWS(RAJ)-2020-2-82] [REFERRED TO]
UNION OF INDIA VS. C. SREEKUMAR [LAWS(KER)-2020-1-138] [REFERRED TO]


JUDGEMENT

C. K. Thakker, J. - (1.)This appeal is directed against an order dated April 3, 2002 passed by the Central Administrative Tribunal (CAT), Madras Bench in O.A. No. 1094 of 2001 and confirmed by the High Court of Judicature at Madras on April 16, 2003 in Writ Petition No. 25452 of 2002.
(2.)The relevant facts leading to the present appeal are that the respondent herein, Mr. M. Mathivanan was selected for recruitment to the cadre of Postal Assistant on December 28, 1981 and was appointed as Postal Assistant on daily wages basis. He underwent necessary training and was placed in Reserve Training Pool (RTP), Postal Assistant to be absorbed as regular Postal Assistant and was posted to work in the post offices in Cuddalore Postal Division. In August, 1983, the respondent, volunteered for enrolment in Army Postal Services (APS). By an order dated August 19, 1983 his request was accepted and he was appointed as Postal Assistant, Cuddalore with effect from August 27, 1983. The appointment was made subject to the following conditions.
i) The appointment is on purely ad hoc and temporary basis and candidate will have no claim for regular absorption in preference to his seniors in the RTP list of this Division.

ii) The inter se seniority between the candidates who volunteered for APS and candidates who were appointed in the civil will not be disturbed merely by virtue of the above appointment of volunteers in the civil for deputation to APS.

iii) If the candidate is declared medically unfit for enrollment to the APS, he will revert back to the RTP list and take his chance for absorption as regular PA in the normal course as and when it is due.

(3.)In September, 1983, while he was working in Reserve Training Pool as Postal Assistant, he was asked by the Superintendent of Post Offices, Cuddalore Division to appear before the authorities for selection in Army Postal Services. Accordingly, he appeared and was selected as Warrant Officer with effect from September 30, 1983. By an order dated October 20, 1983 the respondent was appointed as Postal Assistant in Cuddalore Division with effect from September 30, 1983 on the conditions mentioned in the said order. After his enrolment in the Army Postal Services, an order was passed by Honble the President of India appointing him on the establishment of Regular Army with effect from September 30, 1983.


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