J MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition is to the order dated 19.11.2013 passed by the fifth respondent, viz., the Central Administrative Tribunal, Madras Bench, Chennai (for short "the Tribunal") in O.A. No. 61 of 2012, wherein and whereunder, the application filed by the petitioner was dismissed holding that the petitioner has been working in the leave vacancies with intermittent breaks and as such, he was not entitled to absorption in any of the vacant posts of Gramin Dak Sevak Mail Deliverer (for short "GDS/MD"). The indisputable facts in brief, as projected by the petitioner before the Tribunal are, as under:

(2.) The case of the respondents 1 to 4 before the Tribunal was that the petitioner was engaged as a substitute in the leave vacancies of Postman/Group "D" as and when vacancy arose; he was initially engaged as an outsider with effect from 07.11.1997 purely on temporary basis in the post of GDS/MD, Gowriwakkam, due to unauthorised absence of a regular incumbent for a long time. Thereafter, the petitioner participated in the selection, which was cancelled subsequently; challenging the said order, O.A. No. 483 of 1999 was filed by the petitioner which was dismissed by the Tribunal, reserving liberty to the petitioner to challenge the order of appointment of a third party, if so advised. Consequent thereupon, a show cause notice was issued and thereafter, on consideration of the reply of the petitioner and others, the cancellation order of provisional selection was confirmed vide order dated 05.02.2000 passed by the fourth respondent. The said order was not challenged. The petitioner was appointed against leave vacancy, subsequently, not in accordance with the legal procedure and as such, he has no right to absorption or regularisation.

(3.) The Tribunal, having considered all aspects of the matter, held as follows: