Stopgap Outsider engagements as BPM are temporary until regular incumbent joins; no right to regularization or permanency without prescribed recruitment process.

ORDER

(Hon'ble Ms. Veena Kothavale, Member(J)

This OA is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief: -

“i) To call for the records of the 3rd respondent pertaining to his order which is made in Memo No. B3/OA1181/2019/GR dated 25.02.2020 and set aside the same;

(ii) direct the respondents to reinstate the applicant as GDS BPM in the same Village at Thangappapuram or in any other vacant place in and around to her native Village on the reason that the Thangappapuram BO is newly opened and the applicant was nominated by the public as requested and searched by the Postal authorities; also, 

iii) direct the respondents to absorb/regularize the service of the applicant as GDS with all attendant benefits; and iv) To pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The case of the applicant is that the respondents decided to open a new Post Office at Thangappapuram Village under the 3rd respondent Division for which applicant has provided accommodation for the Branch Office to function. As respondents were looking for a suitable person from that village, applicant was selected and she was assured that she will be appointed on regular basis subject to performance of BPM duty to the full satisfaction of the people of Thangappapuram Village, neighbouring Villages and her superiors.

3. As the Postal authorities had promised that they would absorb her as GDS BPM after seeing her performance in BPM duty and she will not be subject to any transfer to other Post Office as GDS, she agreed to work as BPM and also provided them with rent free accommodation and electricity charges. Accordingly, the new Branch Office was opened on 19.06.2017 at Thangappapuram Village and applicant was appointed as Branch Postmaster, Thangappapuram on 19.06.2017 itself.

4. Applicant has studied upto 10+2 Standard and she knows to speak English, Hindi, Telugu & Tamil. She knows to speak and write English and Tamil. She is having knowledge in English Lower Grade Typewriting. She was given suitable training to work as GDS. During her service she has also undergone DARPAN training (Batch III at Chengalpattu) for the period from 24.09.2018 to 26.09.2018. The applicant was working as GDS BPM and one Shri. Munusamy was engaged as GDS MD Outsider. Applicant's appointment does not come under the category of Stopgap arrangement or under the category of Substitute engaged against leave vacancy or as Outsider engaged by the authority against clear vacant post, but her appointment is on permanent basis, though no order in writing has been issued to her for the reasons that the Branch Office is newly established, and the applicant was the st 1 appointee. Thus, on completion of one year service, applicant requested the authorities to appoint her on regular basis and to absorb her as GDS BPM at Thangappapuram BO. However, since she repeatedly requested to absorb her as st rd GDS BPM, Thangappapuram, the 1 respondent issued a direction to the 3 respondent to appoint one Smt. E. Gomathi in the place of the applicant as GDS BPM. Hence, all of a sudden, without any prior notice or order or even by oral rd notice, the 3 respondent Division appointed E. Gomathi by transfer from Tiruvannamalai Division to Thangappapuram and posted her in the place of the rd applicant vide order dated 07.01.2019. Thereafter, on 08.02.2019, the 3 respondent disengaged the applicant.

5. In the above said circumstances, applicant submitted a detailed representation st dated 29.03.2019