ups_00195 — When regular appointment is made, person holding the post on temporary basis has to vacate the seat

When regular appointment is made, person holding the post on temporary basis has to vacate the seat — This chunk is discussing a court case where an applicant, Shri Karan Thapa, was seeking to continue in his temporary position as Gramin Dak Sevak at Ulupgaon Branch Office, Margherita. The issue was ... — Facts: The Tribunal has passed the following order: "The instant Petition has been filed by the Applicant praying for a direction upon the Respondents to allow him to continue in the post of Gramin Dak Sevak at Ulupgaon Branch Office, Margherita. As per the Applicant, one individual namely, Shri Ajit Ulup, GDS, had made the Applicant as 'Nominee' for 78 days to work as GDS MD/MC, Ulup BO or till alternative arrangement to be made vide Order, dated 14-3-2017 issued by the Sub-Divisional Inspector of Posts, Tinsukia Sub-Division, Tinsukia (Annexure-A/3). However, vide impugned Order, dated 23-4-2019 (Annexure-A/1), the Applicant has been replaced by another individual namely, Smt. Nangseng Ulup for a period of 88 days. Being aggrieved with this action, the Applicant has filed the instant Petition. During the course of hearing, Shri R. Hazarika, Learned Additional CGSC for the Respondents has placed one letter, dated 17-8-2021 issued by the Assistant Director (Staff), Office of the Chief Postmaster-General, Assam Circle, Guwahati, whereby said Smt. Nang Seng Ulup was recommended and further appointed as GDS on compassionate ground with effect from 1-1-2023 vide Letter, dated 21-12-2022. According to Shri Hazarika, since a regular appointment has been made, therefore, the present Applicant, who was engaged as a 'Nominee' on temporary arrangement, has no right to continue with the said post of GDS MD/MC, Ulup BO. We have heard the parties and perused the documents. Let copies of recommendations and appointment letters be kept on record. It is noted that said Smt. Nang Seng Ulup was recommended for appointment as Gramin Dak Sevak Branch Postmaster, Ulupgaon BO in account with Margherita SO on compassionate ground along with others vide Order, dated 17-8-2021 issued by the Assistant Director (Staff), Office of the Chief Postmaster-general, Assam Circle, Guwahati. It is also admitted fact that the Applicant was only a 'Nominee' of Shri Ajit Ulup, whose appointment was made on temporary arrangement for certain days and who has been replaced by a regular employee as per letter of the Assistant Director, dated 17-8-2021. Therefore, in our considered opinion, the Applicant has no right to continue as Gramin Dak Sevak of Ulupgaon Branch Office, Margherita.