1. The writ petitioner has prayed for writ in the nature of certiorari for quashing order A/ Dadsar/87 dated 27.7.1987 wherein the petitioner has been asked to handover charge of ED BPO Dadsar to Krishan Pandit whos appointment as BPN Dadsar has been approved (annexure C) and further for regularisation of petitioners services The petitioner permanent resident of state of J&K was appointed as ED Packer on adhoc basis by respondent No 2 vide his order dt 29.9.81 (annexure A). The petitioner worked as such ED Packer from his appointment in Sept 1981 till 17th of Nov 1986 against post of ED Packer SPO at Sadsara, On the death of BPM Dadsara; the petitioner was given the charge of the office of BPM Dadsar and performed duties as such (annexure B) The ED agents which term includes the petitioner, are governed by the post and Telegraphs extra-departmental agents (conduct and service rules 1964) (hereinafter for short as rules 1964). One of the condition of appointment as ED BPM at the particular post office, is that the incumbent has to be permanent resident of village where the Branch Post office is located. The condition of residence in post village where ED BPM is located is provided by the rules and cannot be dispensed with.. Subject to availability of vacancy of ED BPM or SPM preference is to be given to ED agent rather than to an outsider The alleged appointment of the petitioner as ED BPM is not violative of rules.. Despite appointment and functioning as ED BPM Dadsar the petitioners service were not regularised Instead by impugned order annexure C Shri. Kishan Pandit has been posted as ED BPM Dadsar and his services as such stand terminated The services of adhoc appointees tike petitioner who continued on the post for number of years cannot be terminated in an arbitrary manner and more so when this action is actuated by malice. The benefit of appointment cannot be withdrawn from an employee unilaterally.

2. After the case was admitted to hearing, the counsel for the respondents opted for adoption of the objections as reply. Petitioners appointment on adhoc basis as ED packer at Dadsara on 29.9.81 is admitted. He is averred to have worked as such ED agent upto 20ih of April 1985 when on account of down-grading of ED SPO to ED BPO at Dadsara, the post of ED packer held by the petitioner got abolished and the petitioner was retrenched, thereby the adhoc appointment as ED packer of petitioner came to an end on 20.4.85. where after despite being put on the waiting list of retrenched ED Agents, he could not be absorbed against any available vacancy during operative period of the said list Once the petitioner could not be absorbed during operative period of one year, the list lost its life and validity and consequently the petitioner ceased to have any claim for his absorption as ED agent.

3. Notwithstanding all this the petitioner was given the charge as ED BPM Dadsar on 17.11.1986 only as a provisional arrangement after the ED BPM Sh. Shamlal Pandit died during service. He continued to hold the charge and functioned as ED BPM till July 1987 when one Sh. Jaikrishan Pandit S/o. Shamlal Pandit was appointed as ED BPM dadsar on compassionate grounds and the requirement of local residence was also relaxed in his case, The provisional arrangement of giving ED BPM post in the charge of the petitioner stood terminated Despite directions of high-ups in the department as petitioner failed to handover the charge of office, record and articles to the new-appointee the said Jaikrishan under orders operated from a new place and used new set of stamps prepared by the department. The respondent No 4 is functioning as ED BPM dadsar thereafter The provisional arrangement and engagement of petitioner as ED BPM dadsar on the death of Shamlal Pandit who held the post of ED SPO Dadsar was ordered by respondent No 2, to be approved by respondent No 1 The provisional arrangement did not confer any right on the petitioner Respondent No 4 has in terms brac

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