State Of Assam & Ors vs Shri Kanak Chandra Dutta on 3 October, 1966
It is thus clear that an extra departmental agent is not
a casual worker but he holds a post under the administrative
control of the State. It is apparent from the rules that
the employment of an extra departmental agent is in a post
which exists "apart from" the person who happens to fill it
at any particular' time. Though such a post is outside the
regular civil services, there is no doubt it is a post under
the State. The tests of a civil post laid down by this
Court in Kanak Chandra Dutta's case (supra) are clearly
satisfied in the case of the extra departmental agents.
For the appellants it is contended that the relationship
between the postal authorities and the extra departmental
agents is not of master and servant, but really of principal
and agent.