Indian Kanoon - Search engine for Indian Law

8. The above interim order was continued from time to time, which is still in force and that is how the applicant continued to work on the said post although on provisional basis.

9. On notice, the respondents appeared and by a common reply dated 27.04.2017 resisted the OA by denying all the adverse averments, contentions and grounds raised therein. It is stated that in the previous O.A.588/2009 decided on 17.08.2012 this Tribunal directed the respondents to notify the vacancy earmarked for SC candidate and to complete the selection process within a period of 3 months. The applicant was permitted to continue till such time as a stop gap arrangement and strictly on provisional basis. In pursuance of the aforesaid direction, the respondents took steps to fill up the post of GDS Wakas for appointment of SC candidate. It is stated that the procedure however could not be completed on account of undue interference by the applicant as reported by the Assistant Superintendent of Post Offices Sub-Division vide Annexure R-2. The applicant was however, continued as GDS as stop gap arrangement and strictly on provisional basis as per order passed by this Tribunal.

19. The Applicant being substitute / appointed as Stopgap arrangement has no right of regularization in view of the decision rendered by the Hon'ble Supreme Court in Devika Guha Vs. Union of India, in which it has been held that substitute has no legal claim on the basis of having worked for a longer period. It is for the department to consider the same as to whether there was a proper case for absorption or not and pass appropriate orders. After following due process, Shri M.G. Kamble was selected for the post of GDS BPM since he belongs to reserved category although he is not resident of wakas. Since the applicant belongs to OBC category, he was not eligible for being considered for the post of GDS BPM since it was allocated to SC category. Since selection process is complete and on account of the fact that the applicant created hurdles in getting the rented premises to the select candidates and created obstacles in handing over charge, the impugned order was passed terminating his services since charge is already handed over to the regularly appointed Mail Delivery Agent pending joining of the regularly selected SC candidate, the OA is therefore liable to be dismissed.

34. It is also stated in the impugned order that a decision was taken to hand over the charge of the post of GDS BPM to other staff on combine duty basis and consequently the applicant was directed to hand over the charge of the said post to the nominated official. This impliedly means that it virtually terminated the initial appointment of the applicant which was admittedly purely provisional and as a time gap arrangement, which was subsequently continued thereby granting protection to the applicant. In such peculiar facts and circumstances of the case, it is not now necessary to extent the said protection again to the applicant and to continue him on provisional basis till general category candidate is appointed on completion of selection process. It is not made clear by the learned Advocate for the respondents that selection process is completed.

38. The respondents are directed to complete the selection process initiated under notification dated 07.04.2017 so far as it relates to filling up the vacant post of GDS BPM Wakas BO for appointment of general category candidate, within a period of four months from the date of receipt of certified copy of this order, if not completed so far.

39. In the facts and circumstances of the case, the parties are directed to bear their respective cost of this OA.