THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7378 of 2001 Dated: 26.7.2010 Between: G. Kumara Swamy ..... PETITIONER AND 1. The Superintendent of Post Offices, Peddapally Division, Peddapally, Karimnagar District. .....RESPONDENT The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO :7378 of 2001 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking to set aside the order dated 14.3.2001 passed in O.A.No.412 of 2001 by the Central Administrative Tribunal, Hyderabad and the memo No.B2/Rampur/2001, dated 9.2.2001 issued by the respondent and consequently, to direct the respondent to appoint the petitioner as EDBPM, Rampur viz., K.C. Camp, Huzurabad Mandal, Karimnagar District, on regular basis. The brief facts of the case are as follows: The petitioner-applicant was appointed as provisional EDBPM of Rampur village on 11.9.1996. Notification was issued on 9.2.2001 calling for applications from SC candidates to fill up the post on regular basis. Since the applicant belongs to OC category, he could not apply for the same. The main grievance of the petitioner is that as he completed three years of provisional service, he is entitled for appointment in the said vacancy on regular basis in view of O.M., dated 30.12.1999 and that SC quota has already been filled in that area and therefore, the reservation against SC is bad. The Tribunal observed that as per the OM, dated 30.12.1999, efforts should be made to give alternative employment to ED Agents, 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 three years of continuous approved service and therefore, the applicant is not entitled to make any claim against regular vacancy. Further, it is observed that the applicant is not aware of the strength of EDAs in the area and the number of SC vacancies filled up and therefore, his submission cannot be considered in this regard. While observing so, the Tribunal dismissed the O.A. Aggrieved by the same, the present writ petition has been filed. Heard the learned Counsel and perused the material available on record. The fact that remains undisputed is that the vacancy in question is intended to be filled up by the S.C candidate and the petitioner belongs to O.C category. The material on record goes to show that as per the recruitment rules, if a person, who was appointed provisionally completes not less than three years of service, he can be provided with an alternative appointment. Mere completion of three years of service does not confer any right to be considered against the regular vacancy, which is intended to be filled up by S.C candidate. The vacancies have to be filled up as per the statutory rules and in conformity with the rules. In this view of the matter, we feel that the order of the Tribunal needs no interference by this Court. Accordingly, the writ petition is dismissed. No order as to costs. __________________________ Justice T. Meena Kumari ____________________________ Justice Gopala Krishna Tamada Date: 26th July, 2010 nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7378 of 2001 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 26/07/2010