CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 466 OF 2017 Reserved on :06.01.2026 Pronounced on :07.01.2026 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Pabitra Kumar Bihari, aged about 42 years, S/o Prahallad Bihari, At/PO Sngiri, Via/PS Pattamundai, Dist Kendrapara, now working as Mail Motor Driver on daily wage basis under Senior Superintendent of Post Offices, Bhubaneswar Division, Bhubaneswar, Dist Khurda.

……Applicant VERSUS

1. Union of India Ministry of Communication & IT, Department of Posts represented through its Director General of Posts, Dak Bhawan, Sansad Marg, New Delhi 110001.

2. Chief Post Master General, Odisha Circle, Bhubaneswar, District Khurda, PIN 751001.

3. Senior Superintendent of Post Offices, Bhubaneswar Division, At/PO Bhubaneswar, Dist Khurda.

……Respondents For the applicant : Mr. T K Mishra, counsel For the respondents: Mr. B N Swain, counsel O R D E R Hon’ble Mr.Sudhi Ranjan Mishra, J.M.

The applicant challenging the issuance of tender for outsource basis vide letter dated 16.06.2017 and praying for declaring him as full time casual laborer with temporary status and regularization of service has filed this OA praying for following reliefs:

a) To quash the Tender Call Notice dated 16.06.2017;

b) And further be pleased to direct the respondents to declare the applicant as a full time casual labourer with temporary status.

c) And further be pleased to direct respondents to regularize the applicant in the post of Mail Motor Driver;

d) And this Hon’ble Tribunal be pleased to pass any other order/orders direction/directions as would be deem fit and proper.

2. The brief fact of the case as inter alia averred by the applicant in the OA is that in pursuance to advertisement for the post of Casual Driver by Senior Superintendent of Post Offices, Bhubaneswar Division, Bhubaneswar in July 2000 he had applied for the same and selected and allotted vehicle bearing No. OAC 671 and OR 02 0964 as per order dated

31.07.2000. It is submitted that ap3p licant has been working ever since then under the respondents and was getting wages and remunerations and even though he was qualified as per recruitment rules. It is submitted that even though he was coming under purview of DG Posts letter dated 17.05.1989 for being counted as Full Time Casual Labourer and DOPT OM dated 07.06.1988 issued by DG (Posts) dated 12.04.1991 of Causal Labourers Scheme (Grant of Temporary Status and Regularization) he was not declared the same. It is submitted that DG (Posts) vide letter dated 03.03.2011 and 28.05.2012 had directed to fill up the vacant post of Drivers against the operational vehicles but even though he was working against the vacant posts for 17 years the applicant was not regularized. It is submitted that applicant is coming under the zone of consideration to be regularized as per DOPT OM dated 11.12.2006 reiterated vide OM dated 14.06.2016. It is submitted that Sr. Supdt of Post Office, Bhubaneswar Division notified one tender dated 16.06.2017 for outsourcing of 8 posts of drivers in Bhubaneswar working with Mail Motor Service and the applicant apprehends being dis4e ngaged from his work.

Hence the OA.

3. The respondents have filed counter inter alia averring that applicant’s right is limited to payment of wages for the days of work without any scope for claim for regularization. It is submitted that the order issued by Respondent No. 3 as per Annexure A/1 is in contravention of department orders which imposed complete ban on engagement of causal workers w.e.f. 01.09.1993. It is submitted that applicant was never given uninterrupted engagement from 10.07.2000 but was engaged in some stray short term occasions he was engaged. It is submitted that the certificate issued (annexed by the applicant as A/4) by the then Sr. Superintendent of RMS ‘N’ Division Cuttack is forged one since the issuing officer Sri. G Patra never held post of Sr. Superintendent of RMS ‘N’ Division Cuttack duri