IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 9531 of 2008 Between: T.Venkateswara Rao S/o.Mamillu Offices Gudivada Division Gudivada,Krishna Dist ..... PETITIONER AND 1 The Chief Postmater General, A.P Circle Abids Hyd-1 2 The Postmaster General Vijayawada Division,Vijayawada-520010, Krishna Dist 3 The Superintendent of offices, Gudivada Division Gudivada-521301, Krishna Dist 4 The Manager Mail Motors Services Department of Posts,Koti Hyd .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Certiorari and quash the order passed by the Hon'ble Central Administrative Tribunal, Hyd in O.A No.312 of 2007 dt.27-6-2007 holding the same as illegal,unjust and contrary to law and grant all consequential benefits and pass Counsel for the Petitioner: MR.A.K.JAYAPRAKASH RAO Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.9531 OF 2008 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed seeking to issue an appropriate writ particularly one in the nature of writ of certiorari and to quash the order dated 27-6-2007 passed in OA No.312 of 2007 by the Central Administrative Tribunal, Hyderabad, as the same being illegal, unjust and contrary to law and to grant all consequential benefits. 2. The facts stated are that the applicant-writ petitioner herein was appointed as extra departmental agent (Mail Packer) w.e.f. 17-7- 1984 in Gudivada RS. It is stated that the petitioner obtained heavy motor vehicles driving licence (including light vehicles like jeep/car etc.) vide licence No.AP16/NI/226/G/I/1989 and it was renewed from time to time and it is valid upto the year 2016. The Divisional Office of Gudivada was having one inspection vehicle (jeep) which was driven by a regular driver and the said post fell vacant due to the retirement of the regular incumbent. The said vacancy caused was notified by the respondents to all the GDS staff, pursuant to which the petitioner having heavy motor vehicles driving licence and also experience as driver, offered his services to work as Jeep driver and the respondents considered his case and the petitioner was asked to perform the duties as jeep driver w.e.f. 3-10-2002 and the petitioner was working as such. Since the petitioner was working continuously for more than 240 days as jeep driver, he had made representation to the 2nd respondent-Postmaster General, Vijayawada Division, Vijayawada, seeking to consider his case for grant of temporary status and also to absorb him as jeep driver in view of the service he had put in. It is stated that during the pendency of the representation made by the petitioner, the 3rd respondent-Superintendent of Post Offices, Gudivada Division, Gudivada, had issued notification dated 12-8-2004 calling for applications from eligible candidates for the post of MMS driver. It is further submitted that the petitioner submitted another representation to the 3rd respondent for consideration of his case against the post notified by notification dated 12-8-2004. It was stated that the two representations made by the petitioner to the respondents 2 and 3 were rejected by order dated 19-10-2005 and 29-3-2006 respectively on the ground that his case could not be considered for providing temporary status as the departmental norms do not contemplate any such category. Aggrieved by the same, the petitioner filed the above OA. 3. The Tribunal having considered the matter observed that the petitioner has no claim for regularization of his service as jeep driver as there was no provision in Gramina Dak Sevak (Conduct & Service) Rules enabling the persons working as contingent service (Mail packer) which is a non-feeder cadre for the post of driver. The Tribunal, however, considering the fact that the petitioner was possessing heavy motor vehicles driving licence and also experience as driver, directed the respondents to consider the case of the petitioner as and when the notification is issued to fill up the post of driver as per rules. Aggrieved by the said order passed by the Tribunal, the present writ petition is filed. 4. Heard the learned counsel for the petitioner and the learned Asst. Solicitor General of India for the respondents. 5. Admittedly, the respondents in the counter filed by them before the Tribunal have stated that the petitioner was engaged as contingent driver from October 2002 and he possesses heavy vehicle driving licence and he has experience of driving the jeep. Considering all these aspects, the Tribunal directed the respondents to consider the case of the petitioner for the post of driver as and when notification is issued for the said post as per rules and subject to his eligibility without reference to the post in which he was engaged originally. 6. But the petitioner now seeks further relief that the respondents shall be directed to continue him as a contingent driver till regular selection and appointment is made. We are not inclined pass such an order. However, this order will not preclude the respondents from continuing the petitioner as contingent driver, as directed by the Tribunal, till his case is considered for regular appointment. 7. In the circumstances, we do not find any infirmity in the impugned order passed by the Tribunal warranting interference by this Court. 8. Subject to the above direction, the writ petition is, dismissed. No order as to costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 9th June, 2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies