K.K. Usha, J.

Common question arises in these Original Petitions filed by Superintendent of Post Offices and others against the orders passed by the Central Administrative Tribunal, Ernakulam Bench in applications filed by Extra-Departmental Agents. The method of recruitment and conditions of service of Posts and Telegraph Extra-Departmental Agents, hereinafter referred to as EDA are governed by the Posts and Telegraph Extra-Departmental Agents (Conduct and service) Rules, 1964, hereinafter referred as 'the Rules", issued by the Department of Communications - P & T Board under the authority of Government of India.

2. The term departmental agent would take in 13 categories namely:- i) an Extra-Departmental Sub-Postmaster;

ii) an Extra-Departmental Branch Postmaster;

iii) an Extra-Departmental Delivery Agent;

iv) an Extra-Departmental Mail Peon;

V) an Extra-Departmental Letter Box Peon;

vi) an Extra-Departmental Mail Carrier or Runner;

vii) an Extra-Departmental Packer;

viii an Extra-Departmental Messenger;

ix) an Extra-Departmental Chowkidar;

X) an Extra-Departmental Stamp Vendor;

xi) an Extra-Departmental Sorter in the Railway Mail Service;

xii) an Extra-Departmental Sub-Record Clerk in the Rail way Mail Service;

xiii) an Extra-Departmental Porter.

The applications before the Tribunal are working in different categories. In the normal course, appointment as EDA is made by selecting candidates through Employment Exchange. The applicants before the Tribunal sought a declaration that they are entitled to apply for transfer and appointment as and when EDA posts fall vacant in the same office in which they were working or any office in the same place without being sponsored through the Employment Exchange. The Tribunal granted the above prayer made by the, EDAs. While granting such prayer the Tribunal followed its own order dated 25.2.1999 in O. A. No. 45/98, which had not been challenged by the department.

3. S. IV of the Rules provide for the method of recruitment. The minimum age limit will be 18 years and he can be retained in service up to 65 years. The educational qualification for appointment as ED Sub-Postmasters/ED Branch Postmasters is Matriculation. For ED Delivery agents/ed Stamp Vendors and other categories of ED As the qualification is Standard VIII. There are certain other requisites to be satisfied for appointment as EDAs. The applicants before the Tribunal placed reliance on a letter dated 12.9.1988 issued by the Director General of Posts while claiming, appointment by transfer. The above letter is marked as annexure- A3 in O. A. No. 306/2000 from which arises O.P. No. 19237/2000. The letter refers to a decision taken regarding transfer of EDAs from one post to another. Relevant portion reads as follows:

"i) When an E.D. Post falls vacant in the same office or in any office in the same place and if one of the existing EDAs prefers to work against that post, he may be allowed to be appointed against that vacant post without coming through the Employment Exchange, provided he is suitable for the other post and fulfills all the required conditions.

ii) In cases, where EDAs become surplus due to abolition of posts, and they are offered alternative appointments in a place other than the place where they are originally holding the post, to mitigate hardship, they may be allowed to be appointed in a post that may subsequently occur in the place where they were originally working without coming through Employment Exchange."

The above would show that an EDA who had been working as Extra-Departmental Carrier (as in the case of applicant in O.A. No. 306/2000) can apply for a transfer and appointment in the post of an Extra-Departmental Delivery Agency when a vacancy in that post arises in the same office or in any office in the same place. The word 'place' in sub-para (i) had been later clarified in the communication dated 11.8.1994 to mean recruitment unit. As far as ED Branch Postmasters and ED Sub-Postmasters are concerned the r