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Mithun Datta v/s Union of India, Represented by the Ministry of Communication & Information Technology, New Delhi & Others

    Original Application No. 041/00078 of 2021
    Decided On, 06 October 2021
    At, Central Administrative Tribunal Guwahati Bench Guwahati
    For the Applicant: P. Maishan Advocate. For the Respondents: S.K. Ghosh, Addl. CGSC.

Judgment Text
1. This O.A. No. 78/2021 has been filed by Sri P. Maisan, learned counsel on behalf of the applicant. In this O.A., the applicant is asking for the following relief(s):-

“Directing the respondents, to regularize the service of the petitioner as GDS MD with retrospective effect from 01/01/2015 and thereby count the period of service rendered by the petitioner with effect from 01/01/2015 as GDS MD as well GDS MC on provisional appointment, till such regularization for all intentional purposes for providing regularization benefit as well as other incidental service benefits fair ends of justice.”

2. The case was heard on 12.03.2021. However, it could not be pronounced due to the Second wave of Covid-19 Pandemic going at that time. The matter was listed again on 12.08.2021 and reserved for orders. Both the parties were however, allowed time to file their written arguments if any, within 7 days. Neither of the parties has filed any written argument till date.

3. In this OA, the applicant claims to have been appointed as GDS MC, Dakcnin Chandrapur vide order dated 10.03.2015 and he had to carry mail from Dakchin Chandraur BO to T Colony SO and vice-versa. He also claims to have been appointed in the same capacity vide order dated 02.01.2016 under GDS (Conduct and Engagement) Rules, 2011. Further, he also claims to have been appointed at Dakchin Chandrapur vide order dated 02.04.2016. Subsequently, vide order dated 02.07.2016, he was given provisional appointment in the same capacity w.e.f. 02.07.2016 till regular appointment is made. He also enclosed another order no. A1/Mail arrangement/2017-18 dated 27.12.2017 wherein it has been indicated to be provisionally appointed as GDS MC for R.K. Pur to Amarpur line against vacant post of GDC MC Killar Bazar BO and vice-versa on payment of actual fare of Rs. 150 per day. Subsequent to this, he enclosed his representation dated 02.09.2019 wherein he mentioned that he has not been engaged and requested for permanent appointment as GDS MC.

4. We have gone through the papers submitted by the applicant. It is observed that the applicant is asking for permanent appointment in terms of the GDS (Conduct & Engagement) Rules, 2011. He however, failed to point out under which provision or clause of this GDS (Conduct & Engagement) Rules, 2011, he would be entitled for permanent appointment. It appears from the papers submitted by the applicant that he was appointed on temporary basis by the

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respondent authorities from time to time as an outsider. He has failed to demonstrate that injustice has been particularly meted to him for intervention by this Tribunal. 5. Accordingly, the OA is found to be devoid of merit and hereby dismissed. No order as to costs.