( 1 ) THE petitioners claimed that they were appointed as Extra Departental agents (Packers) by the Post and Telegraph Department. The petitioners 1 to 3 claimed that they were so appointed on 29-11-1997 and 22-1-1997 on provisional appointment basis pending regular recruitment making it clear that such provisional appointment will not give rise to any claim of regular appointment.

( 2 ) THE petitioners claimed that before their provisional appointment they had also worked as substitutes from time to time, from 1992, 1993 and 1991 respectively. The distinction between the substitute appointments and provisional appointments is well-recognised.

( 3 ) WHEN an Extra Departmental Agent appointed by the department proceed on leave, such agent is permitted to make temporary arrangement by appointing any one of his choice as a substitute until he returns from leave. The substitute appointment is sporadic, depending on the period during which the regularly appointed employee is on leave for whatsoever reason. In fact having regard to the peculiar nature of the extra Departmental Agents appointment, when they apply for leave, they have to give the name and particulars of the substitutes who will discharge their duties during the leave period. Such substitute appointments are not made by the department but by the Extra Departmental agents themselves (subject to approval by the department ). On the other hand, provisional appointments are made by the Department on the retirement of regular incumbents, pending regular recruitment. Such provisional appointees, appointed purely stopgap are continued until regular recruitment is made. Sometimes such provisional appointment becomes necessary where the permanent incumbent to the post is put off duty pending disciplinary proceedings. The appointment on provisional basis is governed by the following instructions contained in dgp and Ts letter dated 18-5-1979 read with circular dated 30-12-1999:" (I) As far as possible, provisional appointments should be avoided. Provisional appointments should not be made to fill the vacancies caused by the retirement of Extra Departmental agents. In such cases, the Appointing Authority should take action well in time before the retirement of the incumbent extra Departmental Agent, to select a suitable successor. (II) Wherever possible, provisional appointments should be made only for specific periods. The appointed person should be given to understand that the appointment will be terminated on expiry of the specified period that he will have no claim, for regular appointment. Where a new post is created or where an Extra Departmental Agent dies while in service or resigns from his post and it is not possible to make regular appointment immediately, a provisional appointment should be made for a specific period. The offer for appointment should be in the form annexed (Annexure-A ). (III) Where an Extra Departmental Agent is put off duty pending departmental or judicial proceedings against him and it is not possible to ascertain the period by which the departmental/judicial proceedings are likely to be finalized, a provi- sional appointment may be made, in the form annexed (Annexure-B ). It should be made clear to the provisionally appointed person that if ever it is decided to reinstate the previous incumbent, the provisional appointment will be traminated and that he shall have no claim to any appointment".

( 4 ) THE appointment of Extra Departmental personnel is peculiar to the Post and Telegraph Department. They are governed by the Posts and Telegraphs Extra Departmental Agents (Conduct and Service) rules, 1964 CPTEDA Rules' for short ). The Supreme Court has noticed the position and status of these agents in Union of India v Kameshwar prasad, as under:"2. The Extra Departmental Agents System in the Department of Posts and Telegraphs is in vogue since 1854. The object underlying it is to cater to postal needs of the rural communities dispersed in remote area.

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