Judgment

GUPTA, J.:- The respondents in all these fourteen appeals, some of which are on certificate and some by special leave. are extra-departmental agents connected with the postal department. Six of these appeals are from the Kerala High Court, seven from the Andhra Pradesh High Court and one from the Orissa High Court. These respondents were either dismissed or removed from service during the period between January 1, 1966 and June 18, 1974, and admittedly the order of dismissal or removal was passed without complying with the provisions of Art 311 (2) of the Constitution. The question in each case is whether the respondent held a civil post as contemplated in Art. 311 of the Constitution; if he did, the dismissal or removal, as the case may be, would be unquestionable invalid for non-compliance with Art. 311 (2).

2. The conditions of service of the respondents are governed by a body of rules called the Posts and Telegraphs Extra Departmental Agents (Conduct and Service) Rules, 1964 (hereinafter called the rules) issued under the authority of the Govt. of India. Rule 2(b) of the rules defining "Extra Departmental Agent" includes within the category, among others, Extra Departmen