om:29-cl-2010-march — A person actively in politics cannot be shut out from applying for a Government job. But on appointment in a Government job, he is governed by rules and regulations framed by Government and has to obey the rules and cannot be a member of political party

A person actively in politics cannot be shut out from applying for a Government job. But on appointment in a Government job, he is governed by rules and regulations framed by Government and has to obey the rules and cannot be a member of political party — Case decision on the eligibility of a Gram Panchayat member to apply for a Government job, with specific reference to the legality of a Department of Post instruction that prohibits consideration of ... — Facts: The employment exchange forwarded the name of the Applicant and three others for the post of EDBM reserved for OBC candidate on the requisition placed by Superintendent of Post Office, South Presidency Division, Baruipur. Respondent No. 4, Shri Amit Ghosh was selected being the first in the list and the Applicant stood at Sr. No. 2 according to marks obtained in Madhyamik Examination. Shri Amit Ghosh was appointed. But there were number of complaints to the effect that he is not an OBC candidate. Shri Ghosh filed an O.A. No. 457 of 1999 which was dismissed. As Shri Ghosh is not an OBC candidate, he cannot be appointed and hence he (Applicant) has to be appointed as he stands at Sr. No. 2 in the selection for the post of EDBPM. Hence this OA is filed for the above relief. The Respondents while disputing the claim of the Applicant submitted that he is an elected member of Naskar Para Gram Panchayat and hence as per Rule 18 of GDS (Conduct and Employment), he could not be appointed and his candidature is cancelled. Shri Ghosh joined on 28-10-1998 and before completion of six months on joining he filed O.A. No. 457 of 1999 which was dismissed on 14-9-2004. From then onwards, the post of GDSBPM is vacant and the Applicant cannot be appointed for reasons stated above. The Tribunal noted the above submission of Respondents. Based on that, the only issue for consideration was, whether a Gram Panchayat member can apply for the post of GDSBPM and based on that, his candidature can be cancelled. Rule No. 18 renumbered as Rule No. 22 in niti's GDS (Conduct and Employment) Rule, 2000 Edition states that "no Sevak shall be a member of, or be otherwise associated, with any political party or any organization which takes part in politics nor shall be take part in, subscribe in the aid of or assist in any manner, any political movement or activity". That is further expanded to decide the issue. Analyzing the above rule, the definition of 'Sevak' is defined in Rule 3

(i) as a person working as Gramin Dak Sevak. Therefore it was inferred that "Rule 22 (Rule 18 earlier) is applicable only in respect of person who has already been appointed as Sevak". However, the Respondents relied on DGP&T instruction, dated 14-1-1990 appearing below Rule 22. That rules stipulates that "no person holding an elective office should be considered for appointment of ED Agents, as such an office clearly means that he is associated with local politics". It is a known principle that executive instruction as stated by DG, P & T can be adhered "if there is a gap in statutory rules. In Statutory Rule 22 (Rule 18 earlier), there is no ban of a member to apply or for consideration of his candidature. What is prohibited is that, after he is appointed as a Sevak, he cannot take part in politics. Article 16

(i) of the Constitution manifestly enshrines that in the matter of Government employment there should not be any discrimination. A person who is actively in politics can, therefore, not be shut out from applying for a Government job. Similarly, Article 19 of the Constitution also guarantees every citizen right to freedom of speech and expression or to form association or unions". Our country governed by party politics, none can be prevented from joining a party except that the party is banned: "A person on joining the Government is governed by the Rules and Regulation framed by Government and he is duty bound to obey the same but before he joins no restriction can be placed on such a person. Further, Panchayat Raj System is a Constitutional provision and there is no bar for a person must belong to a political party to take part in election for Gram Sabha. In the case of State of M.P. v. Ram Shankar Raghuvansi [ 1983 AIR (SC) 374 ], it was held that "it offends fundamental rights guaranteed under Articles 14 and 16 of the Constitution to deny employment to an individual because of his past political affinities unless such affiliation are likely to affect the integrity of the individual's service". Further, the Apex Court held that: