APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the parties.
(2.) Original Application No. 051/00261/2014 along with M.A. No. 051/00024/17 preferred by the applicant/petitioner herein seeking appointment on the post of Gramin Dak Sevak Branch Post Master (GDSBPM) at Kakania Branch Post Office under Nonihat Sub Post Office in Santhal Pargsana's Division, Dumka has been dismissed by Central Administrative Tribunal by the impugned order dated 26th April, 2017 (Annexure 10) inter alia holding as under: "14. The applicant has continued to work as GDSBPM as per interim protection given by the Tribunal and Hon'ble High Court in various earlier proceedings. It is an admitted position that his regular post is GDSMC, but since he has been allowed to work as GDSBPM. His prayer is that he should be regularized to this post. The respondents have asserted that there are no such instructions for regularization of GDSMC to the post of GDSBPM. The instructions which the applicant has cited in support of his case do not talk about regularization of GDSMC as GDSBPM. It mentions combination of posts when work load does not justify operating another post. All issues relating to work load, whether or not to combine different posts, are matters of operational details and the Tribunal is not in a position to adjudicate on these matters. We have to trust the wisdom of the authorities that they when they decide to fill up vacant posts, they do it because the posts are needed. Adjudication of the applicant's prayer would entail the Tribunal travelling in the territory of operational matters within the domain of department authorities. It is an admitted position that the post of GDSBPM at Kakania is vacant. How can the Tribunal come to a conclusion that this post should be operated by combining the post of GDSMC and therefore, the applicant should be allowed to continue in this post indefinitely? 15. In conclusion, this O.A and M.A. No. 24/2017 are dismissed being devoid of merit. Interim order is vacated. No order as to costs."
(3.) The brief facts as borne out from the records show that the applicant was appointed as Extra Departmental Male Carrier (EDMC) at Kakania Branch Post Office in the year 1980. He was posted as GDSBPM in the same Branch Post Office after the said post became vacant since 2004. The applicant cited letter dated 12th September, 1988 of DG Posts, as per which when an ED post falls vacant in the same office or in any office in the same place and if one of the existing ED is preferred to work against the said post, he may be allowed to be appointed against that vacant post without seeking applications through the employment exchange provided he is suitable for the posts and fulfills all the required conditions. When the applicant's request was not being decided, he approached learned C.A.T in O.A. No. 127 of 2014, which was disposed of by the order dated 10th July, 2014 without entering into the merits of the case of the parties, however, giving liberty to the respondent to dispose of the representation within a time period. By a detailed reasoned order dated 5th November, 2014, the same was rejected and was also made subject matter of challenge in the instant O.A. Applicant had also sought recruitment notification dated 21st March, 2017 to be kept in abeyance. The plea of the applicant is based on the only ostensible grounds that he is working as GDSBPM under local arrangement since 2004, therefore he may be formally appointed to that post.;