Case: Superintendent Of Post Offices Etc. Etc Vs. P.K. Rajamma Etc. Etc

The respondents in all these fourteen appeals, some of which are on certificate and some by special leave. are extra-departmental agents connected with the postal department. Six of these appeals are from the Kerala High Court, seven from the Andhra Pradesh High Court and one from the Orissa High Court. These respondents were either dismissed or removed from service during the period between January 1, 1966 and June 18, 1974, and admittedly the order of dismissal or removal was passed without complying with the provisions of Art. 311 (2) of the Constitution. The question in each case is whether the respondent held a civil post as contemplated in Art. 311 of the Constitution; if he did, the dismissal or removal, as the case may be, would be unquestionable invalid for non-compliance with Art. 311 (2).2. The conditions of service of the respondents are governed by a body of rules called the Posts and Telegraphs Extra Departmental Agents (Conduct and Service) Rules, 1964 (hereinafter called the rules) issued under the authority of the Govt. of India. Rule 2(b) of the rules defining "Extra Departmental Agent" includes within the category, among others, Extra Departmental Sub-Postmasters, Extra Departmental Branch Postmasters, Extra Departmental Delivery Agents, and several sections of class IV employees. Eleven of the respondents are extra departmental branch postmasters, one is an extra departmental delivery agent, and two are class IV extra departmental employees.

Reasoning: 4. It is thus clear that an extra departmental agent is not a casual worker but he holds a post under the administrative control of the State. It is apparent from the rules that the employment of an extra departmental agent is in a post which exists "apart from" the person who happens to fill it at any particular time. Though such a post is outside the regular civil services, there is no. doubt it is a post under the State. The tests of a civil post laid down by this Court in Kanak Chandra Duttas case (supra) are clearly satisfied in the case of the extra departmentalrules make it clear that these extra departmental agents work under the direct control and supervision of the authorities who obviously have the right to control the manner in which they must carry out their duties. There can be no. doubt therefore that the relationship between the postal authorities and the extra departmental agents is one of master and servant.do not therefore think an examination of these two decisions will be relevant or useful for disposing of the appeals before us.