POST MASTER GENERAL KOLKATA Vs. TUTU DAS

JUDGEMENT

(1.) Leave granted.

(2.) Respondent had been working as a substitute to a regular EDA as and when he would remain on leave. She allegedly had completed a period of 240 days in one year prior to 7.5.1985. Respondent joined her services on 1.10.1980. She was disengaged on 10.9.1987.

(3.) On or about 12th / 13th November, 1987, a Circular was issued stating that although the substitutes of EDA were being engaged on an ad hoc basis who were required to perform their duties only for few hours a day, despite absorption of the regular incumbents, they had been continued as daily rated mazdoor and thus, irregular substitutes who had been working as such prior to 7.5.1985 may be considered for appointment as EDAs in vacant posts, even if they had not been recruited through Employment Exchanges provided they were found eligible therefor in all respects stating :- "....It has been decided as one time exception, that such daily rated mazdoors irregular substitutes, who have been working as such from a date prior to 7th May, 1985, the date of issue of O.M. No. 49014/18/84-Estt.(C, dated 07.5.85 from the Govt. of India (Department of Personnel and Training) to tally banning appointment of casual workers otherwise than through Employment Exchanges may be considered for appointment as EDAs in vacant posts even if they were not recruited through Employment Exchanges provided they are eligible for such appointment in all respects. It is reiterated that this concession has not been and cannot be given to the daily rated/casual workers from 07.5.1985 from which date the nominees of the Employment Exchange are only to be considered for such appointment......"