IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH OCTOBER 2007 / 24TH ASWINA 1929 WP(C).No. 32024 of 2004(S) --------------------------------------- O.A.NO.51/2002 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH. .................... PETITIONER: ------------------- D.V. PRAVEEN, EDDA, KUREEPUZHA, KOLLAM, RESIDING AT PRANAVAM, AMBIPOIKA, KUNDARA. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL, SRI.PEARLY JOSE, SRI.VISHNU S. CHEMPAZHANTHIYIL, SRI.MANOJ RAMASWAMY, SMT.VIVEEJA RAVEENDRAN. RESPONDENTS: ------------------------ 1. SUB DIVISIONAL INSPECTOR OF POST OFFICES, KOLLAM NORTH SUB DIVISION, KUNDARA. 2. SUPERINTENDENT OF POST OFFICES, KOLLAM POSTAL DIVISION, KOLLAM. 3. DIRECTOR GENERAL OF POSTAL DEPARTMENT, NEW DELHI. 4. UNION OF INDIA, REP.BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS, NEW DELHI. BY ADV. SRI.M.K.SUMOD, ADDL.CGSC, ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32024/2004-S: J U D G M E N T BALAKRISHNAN NAIR, (J): NO REPRESENTATION. DISMISSED. SD/- K. BALAKRISHNAN NAIR, JUDGE 16/10/2007. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. //TRUE COPY// prv. C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. ============================ WP(C).No.32024 of 2004-S. ============================ Dated this the 30th day of January, 2008. C.N.Ramachandran Nair, J. J U D G M E N T This writ petition is filed against Ext.P3 order of the Central Administrative Tribunal holding that the petitioner is not entitled to hold the post given to him on a temporary basis without undergoing any selection process. The person working as Extra Departmental Delivery Agent in the Kureepuzha ED sub post office was removed on account of his absence and the petitioner was given a temporary charge on 25.7.1998. The petitioner applied for a similar post in a nearby post office and came out second in the selection process. Based on this the petitioner was given temporary charge as EDD Agent in the Kureepuzha sub post office. However, when regular selection process for appointment of EDDA in the Kureepuzha sub post office was started by the respondents, petitioner challenged the same before the WP(C).No.32024 of 2004-S. 2 CAT. The CAT held that the petitioner has no right to oppose a regular selection process as he was given only a temporary employment. Even though we do no find anything wrong in the Tribunal's order in as much as the respondents are free to post a person in accordance with the fair procedure, we find that the petitioner was given temporary appointment only because he had come out second in the selection process while in the course of recruitment for the same post in another post office. Besides this petitioner is continuing his service for nearly ten years on account of an interim order passed by the CAT and this Court during the pendency of this case. Above all, since the position occupied by the petitioner is temporary and only a part time job for three hours a day, we do not know whether the department is keen to displace the petitioner if he is otherwise found competent in this job. Since the petitioner has already come out second in the process of selection for same post, we direct the Chief Post Master General, Kerala Circle, Thiruvananthapuram to call for the records from respondents 1 and 2 and if the petitioner is found honest and competent in the discharge his duty, the Chief Post Master General can allow him to continue and give proposal for fresh recruitment. We dismiss the WP(C).No.32024 of 2004-S. 3 writ petition upholding the order of the CAT in principle but with a direction to the respondents to proceed with fresh appointment only if the Chief Post Master General decides so. C.N.RAMACHANDRAN NAIR, JUDGE. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-