5. It is further submitted that as per note 3 of the Gazette of India No.683/II S.3 Sub section (1) communicated in Ministry of Communications & IT Department of Posts Dak Bhavan, New Delhi vide their letter No.37-33/2009-SPB-I dated 28.1.2011 "the age limit for appointment of Gramin Dak Sevak shall be 50 years as on the first day of January of the year of the vacancy (relaxable to SC/ST upto 5 years and upto 3 years for those belonging to OBC) in accordance with the instructions issued by the Government of India." Since the vacancies for 2012 classified and approved as UR- 2, SC-1, eventually the age limit for UR vacancy as prescribed in the above said Gazette notification for recruitment of MTS for the year 2012 is 50 years of age only. There was no vacancy in OBC category. As on 01.1.2012, the age of the applicant was 50 years, 8 months and 21 days as his date of birth is 10.4.1961. Hence the applicant was not selected as MTS for the vacancies of 2012 as he exceeded 50 years as on 01.1.2012 and, therefore, the applicant has no grounds to claim that he should have been selected to the cadre of MTS on seniority basis. Hence they pray for dismissal of the OA.
