SAT PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) PER Massodi, J 1. Petitioner was appointed as Extra Departmental Agent (now called Gramin Dak Sewak) in the respondent department on 20.12.1980. He was, thereafter, appointed as Outsider Postman on 03.04.1989, against the clear position in Gandhi Nagar, Post Office, fallen vacant due to promotion of one Shri Girdhari Lal as Postal Assistant. He continued, as such, with effect from 27.03.1989.

(2.) APPREHENDING their reversion from Regular Postal Department to Extra Departmental Postal Service, petitioner and his colleague Shri Gharu Ram, filed a writ petition being SWP no. 1427/1994. They succeeded in getting an ad -interim order in their favour and, therefore, continued to officiate as Group -D employees. The respondent department opposed the writ petition on the grounds that the petitioner was appointed as an EDA and that his appointment as Postman for a short term would not make any change in his status. The respondent insisted that the petitioner was an Extra Departmental Hand and in terms of Policy Decision dated 07.12.1972, is to be engaged against a Group D vacancy (Postman) to meet administrative exigency and such appointment for a short term is not to confer any rights on such employee.

(3.) THE respondents vide order dated 30.10.2001 terminated the arrangement whereby petitioner was to officiate as O/S Group -D. Aggrieved with the order petitioner filed writ petition being SWP no. 2738/2001. Petitioner sought quashment of order dated 30.10.2001, reverting him as Extra Departmental Agent and also a direction to the respondents to allow the petitioner to perform duties as Group -D employee in the department.