Provisional GDS appointees are entitled to age relaxation and weightage in regular recruitment processes.

The 23 applicants were provisionally appointed as Gramin Dak Sevak Branch Postmasters (GDS BPM) between 2016 and 2019 under the Manipur Postal Division

These appointments were initially for 89-day periods but continued without break for several years

In February 2023, the Superintendent of Post Offices issued an order terminating their services following a review by a new regular incumbent director and a directive from the Chief Postmaster General, NE Circle, which mandated that all GDS engagements after August 1, 2016, must be through the online selection process

The applicants challenged the termination, claiming they had accrued a right to the posts after three years of service and that no show-cause notices were issued under Rule 8 of the GDS (Conduct and Engagement) Rules, 2020

1. Whether the provisional/stop-gap engagement of the applicants for over three years entitles them to regularization or protection from termination

2. Whether the termination of the applicants' services without following the notice procedure under Rule 8 of the GDS Rules 2020 was legally sustainable

3. Whether the applicants are entitled to age relaxation or weightage in future regular recruitment processes given their past service

Gramin Dak Sevak (Conduct and Engagement) Rules, 2011 and 2020, specifically regarding provisional appointments and termination under Rule 8

Schedule I (b) of the Postal Manual Volume III regarding appointing authorities

Department of Posts’ policy transition to a mandatory online recruitment process effective from 01.08.2016 to ensure transparency and merit

Principles of equity regarding "age relaxation" for long-serving temporary employees who may have become over-aged for fresh recruitment

The Tribunal noted that the applicants were aware their appointments were provisional and intended to last only until regular candidates were selected

While the applicants argued that their long tenure created a right to hold the post, the respondents established that these engagements were "stop-gap" arrangements made without verifying educational credentials or police reports, which are mandatory for regular GDS staff

The Tribunal found that allowing the applicants to continue indefinitely would violate the rights of eligible candidates competing through the legitimate online merit-based system

The court recognized that the applicants had served the department "sincerely" during their "prime age" and that the delay in regular recruitment was partly due to state disturbances in Manipur

Consequently, while the court refused to quash the termination or order regularization, it determined that equity demanded a mechanism to allow these experienced workers to compete fairly in upcoming regular selections

The Tribunal disposed of the O.A. by declining to set aside the termination order but issuing protective directions: (1) provide the applicants weightage in the regular selection process subject to basic eligibility; and (2) grant a one-time age relaxation, assessing their eligibility based on their age at the time of their initial appointment in 2018 or earlier; no costs were awarded