C Vs. UNION OF INDIA, THROUGH THE SECRETARY

JUDGEMENT

(1.) THE grievance of the Applicant is that even after he has been duly selected for appointment as Gramin Dak Sewak (GDS for short) Packer, the Respondents have illegally and arbitrarily not issued him the appointment letter. The brief facts of the case are that Applicant was initially engaged as a Part Time Casual Labourer in Krishna Nagar Head Post Office (KNHPO for short) with effect from 15.01.1996. While he was working in the said capacity, the Chief Postmaster KNHPO issued an Employment Notice dated 15.09.2008 inviting applications from Casual Labourers/Part Time Employees of the KNHPO who are willing to be appointed against two vacant posts of GDS. The conditions to be fulfilled for such appointment were as under: -

(2.) AS the Applicant fulfilled the aforesaid conditions, he applied for one of the two posts of GDS vide his application dated 22.09.2008. Along with the same, he has submitted his educational qualification certificate, caste certificate and employment registration card. On his selection, the Senior Postmaster, Krishna Nagar H.O. got all the pre -appointment formalities of verification of character, antecedents and medical examination done during March, 2009. The concerned Deputy Commissioner of Police verified his character and antecedents and certified to be satisfactory. The Chief Medical Officer has also certified him to be medically fit for the said appointment. Thereafter, vide Annexure A -2 letter dated 29.04.2009, the Senior Postmaster, KNHPO sought the approval of the SSPOs giving him appointment as GDS Packer in the Head Office. In the said letter, the Senior Postmaster has also stated that due to shortage of Group D staff, the office is facing lot of hardships. Again, the Senior Postmaster, KNHPO, vide his Annexure A -4 letter dated 03.07.2010, addressed to the Assistant Director in the Recruitment Office of the CPMG Delhi Circle stated that as per letter received from DPS(P), permission for filling up two posts of GDS was given vide Estt./MISC -01/DA -IV/06 dated 17.05.2007. Accordingly, Notification was issued on 15.09.2008 for inviting the applications from Casual Labourers/Part Time Casual Labourers for filling up those posts. Since there was only one Part Time Causal Labourer, namely, the Applicant and he fulfilled all the conditions of appointment as GDS, he was selected but the appointment letter could not be issued for want of approval for making appointment from the competent authority. The Applicant had also made a representation dated 26.04.2010 stating that despite the completion of pre -appointment formalities, the appointment order was not issued to him even after a period of one year. He has also pointed out that Casual Labourers should be given preference in the matter of appointment of E.D. Agents (Gramin Dak Sewaks) in terms of para 2 of the D.G. Posts letter dated 6.6.1988 which reads as under: -

(3.) THE Respondents have filed their reply stating that the Applicant was engaged as Part Time Casual Labourer in Laxmi Nagar Post Office in January, 1999. The Senior Postmaster, KNHPO initiated the process for filing up two vacant posts of GDS from Full Time/Part Time Casual Labourers on 15.09.2008. While the process for filling up those posts was underway, the Competent Authority decided to reassess the justification for filling up the posts of GDS vide letter No. Staff/R -11/Misc./2009 dated 06.02.2009. They have also stated that there was complete ban for engagement of Casual Labourers after 01.01.1993 and the said fact was reiterated by the Department of Posts vide their letter dated 04.02.1997 addressed to all the Heads of Postal Circle. The said letter reads as under: -