om:94-cl-2014-aug — In this case of appointment of ED staff, the Tribunal explained the various instances when the ED post can be filled by advertisement and no privilege exists for temporary posting of ED staff to continue indefinitely in that post

In this case of appointment of ED staff, the Tribunal explained the various instances when the ED post can be filled by advertisement and no privilege exists for temporary posting of ED staff to continue indefinitely in that post — This chunk discusses a ruling by the Tribunal on whether an applicant has any right to the post of GDS BPM Baduagodam, after being initially posted at Sahraj. The ruling states that the applicant has... — Facts : The Applicant was posted on contractual appointment with liberty to quit the post by giving notice and the Respondent organization also to cancel his contractual appointment by issuing notice. The Applicant was initially posted as Gramin Dak Sevak at Sahroj, Mau in February 2001 and subsequently he took charge of BPM, Barua Godam in compliance of Memo, dated 16-12-2005. The applicant states that he was deployed as GDS BPM, Baduagodam Mau at his request by Asst. Superintendent of Post Office. One Srimath Kiran Pandey GDS MC, Mau has been redeployed at Sahroj, Mau. R.5, Assisant Supertintendent of Post, Divisional Office, Azamgarh Division issued the impugned notification by which the GDS Baduagodam was shown as vacant and invited application for filling that post reserving the post for SC Candidate. Thus the Applicant states he was prevented from applying for that post as he is not an SC Candidate. He further contends that the said post, being a single post, reservation is not permitted. Further no reservation is permitted on the basis of designated place. To buttress his contention, he had relied on number of judgments of Tribunal and High Courts. The Respondents state that the Applicant was asked to discharge the duties of Baduagodam as a local arrangement, as no fresh appointment was permitted. As now, the ban on fresh appointment had been lifted by order of CPMG, dated 31-1-2013 and hence Notification, dated 27-2-2013 was issued inviting application for regular posting. The Applicant in his rejoinder states that there is nothing mentioned in his appointment letter as stopgap arrangement and there is no illegality also in deploying him at Baduagodam. That statement of the Applicant is denied as incorrect by Respondents. The Respondents have stated with statistics that the post in question at Baduagodam is reserved for ST as there is shortage of ST Candidates in that unit where the total number of GDS strength is 539. Further, earmarking a post for reservation is not confined to a particular post, but based on overall strength, a post wherever becomes vacant is earmarked for filling up by a reserved candidate.