Only employees appointed provisionally and discharged after three years are entitled to alternative employment; outsiders in stop-gap arrangements lack such claims.

J U D G M E N T

K. V. JAYAKUMAR, J.

The present OP(CAT) is directed against the order of the Central Administrative Tribunal, Ernakulam in O.A.No.424/2013 dated 03.02.2016, whereby the Tribunal allowed the original application impugning the said order of the Tribunal, the petitioners/respondents preferred this OP(CAT).

2. Succinctly, the facts in brief are as follows:

The applicant was working as a part-time contingent employee since 1984. The applicant filed O.A.No.577/2002 for the appointment as Gramin Dak Sevak (Mail Carrier). The Central Administrative Tribunal as per Annexure-A1 dated 14.08.2002 directed the petitioners to consider the claim of the applicant for appointment as GDS-MC. He assumed charge as GDS-MC, Puthiyathura on 17.08.2002.

3. While working as GDS-MC, Puthiyathura, the said post was abolished in the year 2012. Therefore, the applicant, Dasan, approached the Central Administrative Tribunal seeking a direction to grant him alternate employment in GDS post.

4. The contention of the petitioners before the Tribunal and before us is that the applicant was not appointed on regular basis or provisional basis. He was not sponsored by employment exchange. As per Annexure-A4, alternative employment should be given only to those 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 3 years of service. Therefore, the applicant is not entitled to get alternative employment.

5. Noticing the rival contentions of the counsel for the parties, the Tribunal allowed the claim of the respondent/applicant in the following manner:

2. Annexure A4 is the office order dated 18.5.1979 of DG (Posts) where it is stated that wherever possible provisional appointments be made only for specified periods; the appointed person should be given to understand that the appointment will be terminated on expiry of the specified period and that he will have no claim for regular appointment. But it is also stated therein that efforts should be made to give alternative appointment to the ED Agents who are appointed on provisional basis and subsequently discharged from service due to administrative reasons, if at the time of discharge they had put in not less than three years of service. In such cases, their names should be included in the waiting list of ED Agents discharged from service as prescribed in DG P&T Letter No.43-4/77-Pen dated 23.2.1979. Therefore, the learned counsel for the applicant would submit that in so far as the applicant is concerned he has discharged as ED Agent/GDSMC for nearly nine years, at any rate more than three years and so he is entitled to the benefit of Annexure A4 circular. The contention that it was only a stop-gap arrangement does not appear to be correct. Even if it is so, the applicant had been working on such basis for nearly nine years. As such we are inclined to dispose of this OA directing the respondents to consider the applicant as a discharged GDS and to include him in the list of discharged GDS for the purpose of granting alternative appointment to the applicant as and when it becomes possible. This OA is disposed of as above. No order as to costs.”

6. The learned Central Government Counsel Adv.T.V.Vinu submitted that the impugned order of the Tribunal is illegal and unsustainable. According to the learned Central Government Counsel, the applicant was working only as an outsider of stop-gap arrangement and he cannot claim alternative employment in the department. Moreover, the applicant was neither sponsored through the employment exchange nor selected after completion of GDS selection procedure.

7. Per contra, Adv.Vishnu S, learned counsel for the respondent/applicant submitted that the impugned order is legally sustainable and no interference from this Court is warranted.

8. We have heard the rival submissions of the counsel for the parties and appraised the paper book.

9. Adv. T.V. Vinu, Central Government