The court affirmed that adherence to statutory recruitment rules is paramount and that temporary employment does not confer rights to regularization or permanent status in public service.

ORDER

PER: DR. SANJIV KUMAR, MEMBER (A)

This Original Application is filed under Section 19 of the Administrative Tribunals Act 1985, claiming the following reliefs:

“1. Direct the respondents to examine the provisions of Recruitment rules for MTS notified vide GSR 781(E) dated: 16-8-2018, issued by Ministry of Communication, Department of Posts, New Delhi regarding relaxing the conditions prescribed for appointment as MTS in respect of part time casual labour in Col.10(C)-Annexure-A8 extending the cut off date of 1st September 1993, keeping in view of peculiar circumstances of the case.

II. Direct the respondents to consider the applicant for MTS post since he has completed 26 years of service, and eligible for appointment in accordance with Hon'ble Apex Court order dated:01-08-2018, in CA/7423-7429/2018 in case of Narendra Kumar Tiwiari -Vs State of Jharkhand - Annexure-A9.

III. Grant any other relief as deemed fit into facts and circumstances of the case, in the interest of justice and equity.”

2. The reliefs are claimed based on the grounds as mentioned in paragraphs 5(A) to 5(G) of the Original Application. The brief facts as explained by the applicant are that he was engaged as part time casual labour, at the O/o the Senior superintendent of Post 2-6 offices, Dharwad Dn, Dharwad from 2.6.1997. The applicant was sponsored by employment exchange. The applicant is working daily for 7 hours from 14-6-2006. The applicant submitted a representation on 14-07-2004, to give priority in GDS Recruitment. The superintendent of Post offices, Dharwad, instructed all offices to furnish the details of Full/part time employees to pursue the matter regarding giving priority in GDS recruitment to Full time Casual Labours. But no such process has started nor was any casual labour appointed as GDS. The applicant submit that he is continuously working as casual labour, for 4 hours per day from 1997-2006, and 7 hours pending from 2006. The applicant had completed more than 26 years without regularization as MTS. The Recruitment Rules for MTS, prescribes, those who were appointed as part time casual labour prior to 1-1-1993, were eligible for appointment based on seniority cum fitness. The applicant submitted that the respondents failed to relax the condition of cut-off date 1-1-93, prescribed in RRS, which resulted in non-appointment to MTS cadre, which is great injustice to the applicant. The applicants name was also removed in employment exchange and he is over-aged for any other employment. The applicant further submits that the Hon'ble Apex Court held as “Regularization rules must be given a pragmatic interpretations and the employees have completed 10 years of service, ought to be given the benefit of the service rendered by them" and therefore the respondents should relax the condition of cut-off date: 1-1-93, and appoint the applicant for MTS post in the interest of justice and equity. Hence this Ο.Α has been filed claiming the aforementioned reliefs.

3. On notice, the respondents have filed their reply statement. The applicant has not filed any rejoinder.

4. The case came up for final hearing on 4.2.2025. Shri.P.K.Kamalesan for the applicant and Shri.N.Amaresh for the respondents were present and heard.

5. We have carefully gone through the entire record and considered the rival contentions.

6. Let us examine the grounds of the applicant one by one as mentioned in paragraph 5 of the Original Application.

7. In