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2001 DIGILAW 358 (AP)

G. Bapu Naidu v. Registrar, Central Administrative Tribunal, Hyderabad Bench

2001-03-31

S.B.SINHA, V.V.S.RAO

body2001
S. B. SINHA, J. ( 1 ) INTERPRETATION of rule 3 of Section IV of the Posts and telegraphs Extra-Departmental Agents (Conduct and Service) Rules, 1964 (hereinafter referred to as the Rules ) falls for consideration in this petition which is filed questioning the judgment of the Central administrative Tribunal dated 25-8-1999 in oa No. 663 of 1999 filed by the 5th respondent herein which was disposed of with the following directions:"12. In view of what is stated above, following directions are given: (i) The appointment of R4 in pursuance of the order dated 13-1-1999 issued by R1 is set aside. (ii) Rl shall select the suitable and meritorious candidate from among those candidates who responded in the notification dated 10-9-1998. (iii) Till such time a regular candidate is posted in pursuance of the direction above, the present EDBPM will be continued as a provisional apprentice. 13. Time for compliance is three months from the date of receipt of a copy of this judgment". ( 2 ) THE petitioner herein, the 5th respondent with several other persons applied for appointment in the post of EDBPM narsingarao Village in Anakapalli Division. The petitioner herein was appointed. Questioning the said appointment the 5th respondent filed the aforementioned application before the Central Administrative tribunal inter alia on the ground that he was a meritorious candidate. The official - respondents in their affidavit admitted the said fact but justified their action inter alia stating:"it is further to submit that the contention of the applicant that adequate means of livelihood is not a condition precedent to the selection is not correct The candidate who desires to apply for the post of BPM should have independent income/property and submit the documentary proof thereof issued by revenue authorities before the last date prescribed for receipt of applications as laid down in DG Lr. No. 17-104/91 edandtrg dated 18-9-1995 (Annexure-R4 ). Therefore, the fulfilment of independent income/property can be enforced by the selection authority only after selection but before the appointment is not acceptable. The income/property factors are prerequisite conditions for considering the candidature of the applicants as per the said instruction. It may be a fact that the Directorate letter no. 38-26/78 dated 31-3-1980 envisages that any accommodation offered by the SC/st candidates even if it is located remote/extreme end of the village can be accepted. But in the subsequent instructions issued by circle office vide Lr. It may be a fact that the Directorate letter no. 38-26/78 dated 31-3-1980 envisages that any accommodation offered by the SC/st candidates even if it is located remote/extreme end of the village can be accepted. But in the subsequent instructions issued by circle office vide Lr. No. LC-63/94, dated 24-7-1997 communicated in RO Lr. No. LC/52-105/nsn dated 2-9-1997 it has clearly been laid down that the accommodation offered by the candidates should be suitable in all aspects and should be fire-proof, theft-proof and leak-proof. Even if it is presumed that the directorate Instructions dated 31-3-1980 are still applicable, in the present case the applicant belongs to other category and he cannot plead that the instructions should also be applied in this case". ( 3 ) IT is in the aforementioned context the question which arises is whether ability to offer space to operate extra-departmental branch Post Office is a pre-condition for selection or not. ( 4 ) THE learned Tribunal answered the said question in the negative. ( 5 ) THE learned Counsel for the petitioner would submit that the rules for appointment are not statutory one and the same are governed by certain instructions issued by the Director-General, Post and telegraphs Department. The Central government framed Post and Telegraphs departmental Agents (Conduct and Service) rules, 1964. Extra-departmental branch post masters come within the purview of the definition of extra-departmental agent . ( 6 ) ALTHOUGH the employees are parttime ones but such posts have been created mainly for covering the rural areas by the department of Post and Telegraphs wherefor a set of rules which are statutory in nature had been laid down. Officer in-charge of the Division is the appointing authority of extra-departmental agents. By reason of an instruction issued by the Director General dated 4-11-1980 the appointing authorities enumerated in the Schedule to the Post and telegraphs Extra-departmental Agents (Conduct and Service) Rules, 1984 were to select the extra-departmental agents. The said rules also provide for initiation of disciplinary proceedings against the employees and provide for a forum for appeal, etc. ( 7 ) THE said rules are self-contained ones. The method of recruitment has been laid down in Section IV of the said rules. The said rules also provide for initiation of disciplinary proceedings against the employees and provide for a forum for appeal, etc. ( 7 ) THE said rules are self-contained ones. The method of recruitment has been laid down in Section IV of the said rules. Rule 3 in Section IV which is relevant reads thus:"income and ownership ot property: The person who takes over the agency (EDSPM/ esbpm) must be one who has an adequate means of livelihood. The person selected for the post of EDSPM/edbpm must be able to offer space to serve as the agency premises for postal operations. The premises must be such as will serve as a small postal office with provision for installation of even a PCO (Business premises such as shops, etc. , may be preferred)". ( 8 ) A bare perusal of the said rules is clearly indicative of the fact that offering of space to serve as the agency premises for postal operation is a pre-requisite for selection. The said rules do not envisage selection at two different stages. ( 9 ) ALL requisite informations in our opinion must be furnished so that the appointing authority may see that the best candidate available is selected to serve rural areas. The persons selected must not only be qualified but must have sufficient income and are in a position to offer space to serve the agency premises. ( 10 ) IT cannot, therefore, in our opinion, be the intention of the rule making authority is that a person should be selected only on the basis of his marks obtained in the school final examination. 2. Educational Qualifications: ed Sub- Postmasters and ED Branch postmasters: Matriculation [the selection should be based on the marks secured in the Matriculation or equivalent examinations. No weightage need be given for any qualification (s) higher than Matriculation. ED Delivery Agents ED Stamp Vendors and all other categories of ED As. VIII standard. Preference may be given to the candidates with Matriculation qualifications. No weightage should be given for any qualification higher than Matriculation. Should have sufficient working knowledge of the regional language and simple arithmetic so as to be able to discharge their duties satisfactorily. Categories such as ed Messengers should also have enough working knowledge of English. ( 11 ) BUT the capability of the candidate for rendering the services to the people is also a consideration. Should have sufficient working knowledge of the regional language and simple arithmetic so as to be able to discharge their duties satisfactorily. Categories such as ed Messengers should also have enough working knowledge of English. ( 11 ) BUT the capability of the candidate for rendering the services to the people is also a consideration. All the rules laid down in the method of recruitment must be fulfilled. ( 12 ) BECAUSE in the rule it is stated that the persons selected must be able to offer space cannot be treated to be the condition subsequent inasmuch as all the requisite informations must be furnished so as to enable the appointing authority to select the best candidate regard being had to all the qualifications required therefor as contained in Rules 1, 2, 3 and 4. ( 13 ) RULE 3 also clarifies that such premises must be such as will serve as a small Postal Office with provision for installation of even a PCO (Business premises such as shops, etc. , may be preferred), which clearly goes to show that prior to selection itself the appointing authority not only must have before him all the materials as regards the educational qualifications of the concerned candidates but also the other relevant informations including income and ownership of property as stated in Rule 3 aforementioned. ( 14 ) IT is now a well-settled principle of law that for the purpose of giving effect to the provisions of a statute, in case of doubt the doctrine of purposive construction should be taken recourse to. Legislative intent must be found out in the context of purpose and object for which statute has been framed. In this view of the matter we are of the opinion that the learned Central Administrative Tribunal was not correct in holding that Rule 3 was not a condition precedent but a condition subsequent. ( 15 ) FOR the reasons aforementioned, the impugned order is set aside and the writ petition is allowed. There shall be no order as to costs.