om:102-cl-2013-jul — Appoinment as Extra Departmental Agents is to be done as per rule and merit and no recommendation in these appointments is to be given any consideration

Appoinment as Extra Departmental Agents is to be done as per rule and merit and no recommendation in these appointments is to be given any consideration — This chunk discusses an Original Application (O.A.) No. 191 of 2009 challenging the appointment of a private respondent as Extra Departmental Delivery Agent in Keshavpur, alleging that it was done du... — Facts: The Applicant herein was not selected for the post of Extra Departmental Delivery Agent on number of times even though he submitted his application whenever vacancy arose with all required documents. He states that he stands above others on merit. For the post of EDDA, Keshavpur, private Respondent No. 6 was appointed due to the influence of Additional Private Secretary, Ministry of communication on 15-9-1997. This appointment, the Applicant states is illegal and mala fide. Hence this O.A is filed challenging that appointment. The Respondents justified their appointment as EDDA - EDDA, Mahadevan by Shri Vishwanath Prasad on 26-11-1996. The post of EDDA, Tilakpur, Shri Shiv Mohar was appointed on 26-05-1997 following rules. For the post of EDDA, Keshavpur even though approached the Employment Exchange for sponsoring candidates, none was sponsored. Hence R-6, who had worked for about two years as stopgap arrangement submitted his application for accommodating him in any vacant ED Post. Hence keeping in view his earlier service, R-6 was engaged by Competent Authority as EDDA, Keshavpur on 23-08-1997. The Applicant was silent for 11 years. After engagement of R-6, he filed this instant OA in the year 2008 and sought dismissal of OA. The Applicant filed a rejoinder stating that R-6, has neither been sponsored by Employment Exchange nor procedure for appointment was followed. R-6 was appointed due to influence of higher-ups and hence the appointment is violative of Articles 14 and 15 of the constitution. The Tribunal considered the submission of both sides and held: