D M NAGESH Vs. ASSISTANT SUPERINTENDENT OF POST

JUDGEMENT

(1.) THE petitioners claimed that they were appointed as Extra Departental Agents (Packers) by the Post and Telegraph Department. The petitioners 1 to 3 claimed that they were so appointed on 29-11-1997 and 22-1-1997 on provisional appointment basis pending regular recruitment making it clear that such provisional appointment will not give rise to any claim of regular appointment.

(2.) THE petitioners claimed that before their provisional appointment they had also worked as substitutes from time to time, from 1992, 1993 and 1991 respectively. The distinction between the substitute appointments and provisional appointments is well-recognised.

(3.) WHEN an Extra Departmental Agent appointed by the department proceed on leave, such agent is permitted to make temporary arrangement by appointing any one of his choice as a substitute until he returns from leave. The substitute appointment is sporadic, depending on the period during which the regularly appointed employee is on leave for whatsoever reason. In fact having regard to the peculiar nature of the extra Departmental Agents appointment, when they apply for leave, they have to give the name and particulars of the substitutes who will discharge their duties during the leave period. Such substitute appointments are not made by the department but by the Extra Departmental agents themselves (subject to approval by the department ). On the other hand, provisional appointments are made by the Department on the retirement of regular incumbents, pending regular recruitment. Such provisional appointees, appointed purely stopgap are continued until regular recruitment is made. Sometimes such provisional appointment becomes necessary where the permanent incumbent to the post is put off duty pending disciplinary proceedings. The appointment on provisional basis is governed by the following instructions contained in dgp and Ts letter dated 18-5-1979 read with circular dated 30-12-1999: