K.R.RAJESH KUMAR Vs. INSPECTOR OF POSTS

JUDGEMENT

(1.) Challenge is against Ext.P4 order passed by the Tribunal, whereby interference was declined with regard to the prayer to set aside Annexure A1 Notification dated 10.03.2016 for filling up the post of Gramin Dak Sevak Mail Deliverer ('GDS MD' in short) at Poonjar and to direct the respondents to appoint the applicant to the said post considering his past experience as GDSMD, as projected in his representation vide Annexure A2.

(2.) Heard the learned counsel for the petitioner as well as the learned Assistant Solicitor General.

(3.) The case projected by the petitioner is that he came to be appointed on casual engagement to the aforesaid post when the slot became vacant pursuant to promotion and transfer of the regular incumbent to another station, i.e Ettumannoor . It was accordingly that the petitioner was discharging his duties as GDSMD at Poonjar from 04.11.2015, but for a short gap of one or two months, when another person by name Gopalakrishnan was engaged. Even after the said short spell, the petitioner came to occupy the chair and is continuing as above. While so, Annexure A1 notification was issued by the Department to fill up the said vacancy, stipulating that only persons within the age limit of 18 - 30 will be eligible to apply . As a matter of fact, the petitioner had crossed the said age limit; and according to the petitioner, the Department used to appoint persons against such posts - it actually not being departmental post (formerly known as extra departmental) and governed by separate rules. At that point of time, the age limit was 18 -65 years.