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Madras High CourtWP/13210/2021dismissed

N.Rajendran v. Union Of India,

2024-12-06Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN N.Rajendran ... Petitioner Vs.

1.Union of India, Rep by the Postmaster General, Chennai City Region, Anna Salai, Chennai - 600 002.

2.The Superintendent of Post Offices, Tiruvannamalai Division, Tiruvannamalai - 606 601.

3.T.Venkatachalam 4.The Central Administrative Tribunal, Madras Bench, Rep by its Registrar.

Chennai - 600 104.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of 4th respondent pertaining to its order which is made in OA / 310 /01079 /2013 dated 16/11/2018 and quash the same, consequent to direct the respondents 1 and 2 to treat the petitioner as if he was appointed as MTS at par

with 3rd respondent and to grant all service benefits including monitory benefits to the petitioner.

For Petitioner : Mr.R.Malaichamy For Respondents : Mr.B.Sudhir Kumar, Senior Panel Counsel R3 - Not ready in notice R4 - Tribunal

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The claim of the Writ Petitioner is to direct the respondents to appoint the petitioner as Multi Tasking Staff (MTS), was rejected by the Central Administrative Tribunal, Chennai Bench vide order dated 16.11.2018 in O.A.No.1079 of 2013.

2.

The age of retirement for the post of MTS is 60, as per Service Rules, since MTS is a regular Central Government Service. 3.

As far as GDS packer is concerned, it is governed by separate Service Rules, namely Gramin Dak Sevak Conduct and Engagement Rules, 2011.

4.

Therefore, the services of GDS is different from the service Rules applicable to the post of MTS. Since the retirement age for the post of MTS is

60 years and the petitioner has already crossed the age of 60 years, and presently aged about 64 years. Therefore, the relief sought by the petitioner cannot be considered by this Court.

5.

With these observations, the Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. [S.M.S., J.] [M.J.R., J.] 06.12.2024 Index: Yes/No Speaking/Non-speaking order gd

To 1.Union of India, Rep by the Postmaster General, Chennai City Region, Anna Salai, Chennai - 600 002.

2.The Superintendent of Post Offices, Tiruvannamalai Division, Tiruvannamalai - 606 601.

3.The Central Administrative Tribunal, Madras Bench, Rep by its Registrar.

Chennai - 600 104.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

gd 06.12.2024 1/2