“9. At this point of time one more submission is made by the respondents counsel that the Fundamental Rules are not applicable to them except for the effect of Article 311 which has been brought into force through judicial compulsion. If Article 309, 310 and 311 are applicable to a set of employees, then we cannot really understand why FR is not applicable but then we understand the difficulties of the department also. It serves even the remotest points of the nation of India. The volume of business at such place may not be conducive and compulsive enough to post a regular employee there as then the burden will be cumbersome, therefore, from the earliest point of time a methodology had been found to have extra departmental persons to man such posts. It is to be noted that all these people are totally under the administrative control of the department and their duty hours, even though specific for the purpose of grant of wages, naturally and normally it spills over and even though there is a stipulation that they can engage in other private employments also practically this must be difficult in terms of the workload of each station which had been manipulated and formulated in such a way as to obtain maximum benefit for the department. That being so, even though theoretically it may be said that these people are eligible for outside employment
