ORDER

PER: RAKESH KUMAR GUPTA, MEMBER (A) The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

a. To call for the records from the respondents, peruse them, and to set aside the select list of GDS for Karnataka circle issued vide notification No: R&E/2-94/GDS Online /Cycle-11/2019 dated 5th August 2019 by the CPMG Bangalore to the extent of selection of one Shri Basavaprabu S. as GDS BPM, Kamalpura BO a/w Yergera SO under Raichur HO, in view of the fact that the applicant has already been engaged to work against this post on stop gap arrangement basis since 1st of September 2015, continuously for more than four years.

b. To direct the respondents to regularize the services of the applicant against the vacant post of GDS BPM, Kamalpura BO a/w Yergera SO under Raichur HO, in view of the fact that he has been working in the said post for more than four years to till date.

2. This Tribunal while hearing the matter at admission stage on 31.12.2019 had passed an order allowing the applicant to continue for the time being as GDS BPM at Kamalapura BO.

3. The facts of the case as averred by the applicant in his pleadings are as follows: a. The applicant was appointed as GDS BPM, Kamalapura BO in a/w Yergera SO under Raichur HO, on stop gap arrangement basis w.e.f.

1.9.2015. He has been working as GDS BPM of the said BO since 1.9.2015 till date.

b. The Chief Post Master General, Karnataka Circle, Bangalore-1 has released a list of 2625 selected candidates for filling up the posts of GDS BPMs, GDS MDs etc., for various BOs, in various divisions in Karnataka Circle on 3.12.2019 issued vide notification No.R&E/2-94/GDS Online/Cycle-11/2019, dated 5.8.2019. One Shri Basavaprabhu S. has been selected for the post of GDS BPM, Kamalapura BO in a/w Yergera SO under Raichur HO located at Sl.No.1341 of the select list.

c. As per the DG P&T OM No.43-4/77-Pen, dated 18.5.1979 and Circular No.19-34/99 ED & Trg., dated 30.12.1999, in corporate as GOI (17) below, the Method of Recruitment under Section-IV of the GDS(Conduct & Engagement) Rule-2011, ‘efforts should be made to give alternative employment to GDSs who are appointed provisionally and subsequently discharged from service due to administrative reasons, if at the time of discharge, they had put in not less than three years continued approved service. In such cases their names should be included in the waiting list of GDSs discharged from service.’ d. The applicant has been engaged as GDS BPM, Kamalapura BO in a/w Yergera SO on stop gap arrangement basis since 1.9.2015 against the vacant post continuously since then without any break till date.

Therefore, the services of the applicant have to be regularized in the said vacant post or appointed on regular basis.

4. The respondents have filed their reply statement wherein they have averred as follows:

a. The post of GDS BPM Kamalapur BO a/w Kalmala SO-584133 became vacant consequent on termination of the incumbent on attaining the age of 65 years on 31.08.2015. To ensure continuity of Postal Services to the general public of Kamalapur BO and its nearby villages, a temporary arrangement (stop gap arrangement) was made by engaging the applicant as GDS BPM Kamalapur BO w.e.f. 01.09.2015 on temporary basis for 89 days.

b. The stop gap engagement cited the condition that ‘ he should clearly understand that his engagement to the said post in stop gap arrangement is purely temporary and on contract basis and is liable to be terminated by the appointing authority at any time without notice and without assigning any reasons and that he is required to hand over the charge to the provisionally/regularly selected candidate, if he is not so selected later’. This term of engagement had clearly mentioned in ‘Stop Gap Arrangement Order’ issued to the applicant.

a) There are three types of engagemen