Union Of India v. P Padma

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR AND WMP NO. 42483 OF 2025

1. Union Of India Rep By The Director(spn), Ministry Of Communications, Department Of Post, Dak Bhavan, Sansad Marg, New Delhi-110 001

2. The Chief Postmaster General Tamil Nadu Circle, Anna Salai, Chennai.

3. the Assistant Director office of the Chief Postmaster General, Tamil Nadu Circle, Anna Salai, Chennai

4. The Superintendent of Post Offices the Superintendent of Post Offices, Krishnagiri Division, Krishnagiri Petitioner(s) Vs

1. P Padma W/o.T.Narayananappa, No.1/1b,Nallaganakothapalli Village, Koneripalli(po), Shoolagiri Taluk, Krishnagiri District, Tamilnadu-635 117 2.The Registrar Central Administrative Tribunal, High Court Campus, Chennai Respondent(s) PRAYER: Writ Petition filed under Article 226 of Constitution of India seeking Writ of Certiorari to call for the records pursuant to the impugned proceedings of the Respondent No.2 Tribunal's order dated 20.10.2023 in O.A. No. 679/ 2022 and quash the same.

For Petitioner(s):

Mr.A. Kumaraguru For Respondent(s):

Mr. R.Malaichamy For R1

ORDER

(Order of the Court was made by J.Nisha Banu J.) This writ petition has been filed by the Union of India, Postal Department, challenging the order passed by the Central Administrative Tribunal in O.A.No.679 of 2022, dated 20.10.2023.

2. The first respondent herein filed the above application in O.A.No.679/2022 before the Tribunal seeking the following reliefs. (i) To call for the records of the 3rd respondent pertaining to his notification which is made in F.No.REP/83-1/GDS/2022 dated 15.07.2022 in so far as the condition put at para 3.A(i)(b) in respect of the applicant is concerned and set aside the same, consequent to (ii) direct the respondents to permit the applicant to appear for postwoman examination on 04.09.2022 and thereby further direct to appoint the applicant as postwoman subject to come out successful in the said examination by the applicant.

3. The Tribunal, by order dated 20.10.2023, allowed the above application, directing the petitioners herein to issue appointment order to the first respondent and to the necessary requirements, within three months from the date of receipt of copy of the order. Challenging the said order, the Postal Department has filed the present writ petition.

4. The main contention of the petitioners is that the first respondent, who is working in the cadre of Gramin Dak Sevak, does not possess the requisite

educational qualification to consider her for appointment to the post of " Post woman". It is submitted that in the X Standard, the first respondent has not studied the local language " Tamil " and she had opted to " Telugu " as her first language and " English" as her second language. Therefore, as per the Recruitment Amendment Rules, 2019, she can be considered only for the post of MTS ( Multi Tasking Staff ) from among Gramin dak Sevaks not for the post of " Post Woman ".

5. It is the another contention of the petitioners that the second respondent/ Tribunal, while allowing the petition, has relied upon the order passed by the CAT, Eranakulam Bench, dated 16.10.2023 in O.A.No.693 of 2019, batch. However, the connected O.A.No.590 of 2021 in the said batch cases was challenged by the Department before the High Court of Kerala and same was set aside in OP (CAT) No.62 of 2024, dated 31.05.2024. Therefore, the impugned order passed by the second respondent is liable to be set aside.

6. The learned counsel for the petitioners submitted that pending writ petition, the first respondent has submitted a fresh representation to the petitioners to consider her for appointment to the post of MTS and the same is pending. He further submitted that, since the writ petition is pending, the petitioners are not able to proceed with the representation submitted by the first respondent.

7. The learned counsel for the first respondent submitted that the representation of the first respondent may be considered positively by the petitioners for the post of MTS.

8. In view of the above, the petitioners are directed to consider the representation of the first respondent positively for the post of MTS, if she is otherwise eligible and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of copy of the order.

9. With the above directions, this writ petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. (J.NISHA BANU J.)(S.SOUNTHAR J.) 26-09-2025 Index:Yes/No Internet:Yes MST To The Registrar Central Administrative Tribunal, High Court Campus, Chennai

J.NISHA BANU J.

AND S.SOUNTHAR J.

MST 26-09-2025