S. N. Prasad, J. - (1.) This writ petition is under Articles 226 and 227 of the Constitution of India wherein the order dated 21.2.2013 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A.No.24 of 2011 is under challenge, whereby and where under the Tribunal while dismissing the original application has denied the claim of the petitioner to allow him to work as packer under Postal Gramin Dak Sevak Scheme till the original incumbent taken over charge of the post.
(2.) Brief facts of the case is that the applicant/petitioner has joined as a packer under Gramin Dak Sevak Scheme on 27.11.2009 at Banpur Sub-Post Office under Puri Postal Division and worked as such from 27.11.2009 till 30.1.2010, thereafter he was restrained by the Postmaster on the ground that the post under which he was working, the substantive incumbent has joined and as such his service is no more required. The petitioner has approached the Tribunal by filing O.A.No.687 of 2010, the Tribunal while disposing of the original application vide order dated 10.11.2010 has directed the authorities to consider representation of the petitioner and pass reasoned order within 45 days. In the meanwhile, the petitioner has got his arrears for the period he had worked but the representation filed by the petitioner has been dismissed, hence he again approached the Tribunal in filing O.A.No.24 of 2011 and the same has been rejected vide order dated 21.2.2013, which is the subject matter of the present writ petition.
(3.) Learned counsel representing the opposite parties has submitted that the petitioner has no right to continue in the post since he has been appointed subject to availability of vacancy on account of leave of the substantive holder of that post and the date when the substantive holder of the post has joined his duty, his service is not required and as such he has been asked not to discharge his duty hence there is no illegality having been committed by the authorities. The Tribunal, while dealing with the issue and after examination of the materials available on record, has rightly passed order, hence the same needs no interference.;