Vemuluri Veerayya v. Superintendent of Post Offices
2013-09-25
CHALLA KODANDA RAM, L.NARASIMHA REDDY
body2013
DigiLaw.ai
Judgment : LNR, J. The post of Extra Departmental Branch Post Master (EDBPM) at Narsaraopet fell vacant in the year 1998, on account of the retirement of the incumbent. The appointing authority i.e., 1st respondent herein initiated steps to fill the vacancy and accordingly communication was sent to the employment exchange to sponsor candidates, who fulfil the conditions, such as the person being a native of the village holding property, having requisite educational qualifications. The exchange is said to have sponsored about 20 candidates. The 1st respondent found that none of the sponsored candidates are eligible. To meet the exigency, he continued the process of selection. An advertisement was issued in the Village inviting the qualified and intending persons to participate. The petitioner and certain others responded. Ultimately. The petitioner was found suitable and he was appointed as EDBPM in August 1998. It is stated that he has been given the charge and was being paid the salary and other allowances from time to time. The 1st respondent issued notification dated 26.02.1999 proposing to fill that very vacancy. It was mentioned that it was reserved in favour of S.C. candidates and that in case, qualified S.C. candidates are not available, the cases of OBC candidates would be considered. The petitioner filed O.A.No.447 of 1999 before the Hyderabad Bench of Central Administrative Tribunal, challenging the said notification. He pleaded that once he has been appointed against a clear vacancy, that too in continuation of selection process, there was no basis for the 1st respondent to take steps to fill it once again. The O.A. was opposed by the respondents. They pleaded that the appointment of the petitioner was purely provisional and temporary in nature and the notification was issued to fill the vacancy on regular basis. Another contention was that once the vacancy is reserved in favour of S.Cs, others cannot be continued against it. The Tribunal dismissed the O.A., through order, dated 05.07.2000. Hence, this writ petition. Heard Sri S.P. Girish Kumar, learned counsel for the petitioner and Sri Ponnam Ashok Goud, learned Assistant Solicitor General appearing for the respondents. The EDBPM is not a regular post and it is almost part-time in nature. All the same, various precautions, such as the person being solvent enough, capable of being available, are taken.
Hence, this writ petition. Heard Sri S.P. Girish Kumar, learned counsel for the petitioner and Sri Ponnam Ashok Goud, learned Assistant Solicitor General appearing for the respondents. The EDBPM is not a regular post and it is almost part-time in nature. All the same, various precautions, such as the person being solvent enough, capable of being available, are taken. Three months ahead of the post becoming vacant, the 1st respondent initiated steps and addressed a letter to the employment exchange. As many as 20 candidates were sponsored, but none of them were found suitable, particularly in view of the specific requirements for that post. Since the services are required to be continued without interruption, the 1st respondent caused an informal advertisement in the Village through tom-tom. The petitioner and certain others responded. The petitioner was found suitable and he was appointed in August 1998. Though no formal order was issued to him, the assertion made by the petitioner that he has been handed over the charge and he is being paid the salary and extended the benefit of increments from time to time is not denied. The impugned advertisement was issued on 26.02.1999 may be within a short time after the petitioner came to be appointed. It was mentioned that the vacancy was reserved in favour of S.C. candidates. However, a clause is incorporated to the effect that if suitable S.C. candidates are not available, the cases of OBC candidates would be considered. In case, the appointment of the petitioner was in the process of just picking up in an informal manner, such an exercise cannot at all be a hindrance for regular selection. That however is not the case. Even according to the respondents, in the communication that was forwarded to the employment exchange in the year 1998, it was clearly mentioned that the vacancy was earmarked for S.C. candidates and if suitable candidates are not available from that category, the cases of OBC candidates would also be considered. Such a communication resulted in sponsoring of 20 candidates, but none of them were found suitable. The 1st respondent did not give up the process of selection at that stage. He continued by expanding the scope of the invitation to the intending applicants. The post is village specific and an individual must not only be a native of the village but also must hold the property in his name.
The 1st respondent did not give up the process of selection at that stage. He continued by expanding the scope of the invitation to the intending applicants. The post is village specific and an individual must not only be a native of the village but also must hold the property in his name. Obviously for that reason, a tom-tom was made in the village. Not only the petitioner but also several others responded. The petitioner was found suitable and was accordingly appointed. The mere fact that a formal order was not issued to the petitioner cannot lead to a conclusion that his appointment was not regular in nature. It is well settled that if a person was inducted into the service, by following the regular selection process, the mere fact that a formal order was not issued or that any condition was incorporated, does not alter the nature of the engagement or employment. For all practical purposes, it would be a regular appointment. When the petitioner is already holding the post and he has been appointed after following the prescribed procedure, there does not exist any justification for the respondents in making efforts to fill it once again. By virtue of the interim order passed by the Tribunal on earlier occasion, and this Court, during the pendency of the writ petition, the petitioner is continuing in the office for the past one and half decades. If he is discontinued at this stage, he would be put to serious hardship, apart from not being eligible for any other assignment. We therefore allow the writ petition as prayed for and set aside the order, dated 05.07.2000 passed by the Tribunal in O.A.No.447 of 1999. The miscellaneous petition filed in this writ petition shall also stand disposed of. There shall be no order as to costs.