Central Administrative Tribunal - Kolkata
Nurul Islam vs Posts on 27 January, 2025
1 O.A./350/120/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA/350/120/2025
Date of Order: 27.01.2025
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Nurul Islam, son of Hafijur Rahaman, aged about 35 year
5 months, Working as Postal Assistant at Itahar S.O.,
residing at Village-Haripukur, P.O.- Kalaibari, District-
Dakhin Dinajpur, West Bengal, PIN- 733128.
.........Applicant
-Vs-
1. Union of India, service through the Secretary, Ministry
of Communication and Information Technology,
Department of Post, Dak Bhaban, Sansad Marg, New
Delhi-110001.
2. The Chief Post Master General, Yogayog Bhaban, C.R.
Avenue, Kolkata-700012.
3. The Superintendent of Post Offices, Uttar Dinajpur
Division, Raiganj-733134.
..........Respondents
For the Applicant : Mr. Arpa Chakraborty; Counsel
: Mr. Argha Chakraborty: Counsel
For the Respondents : Mr. R Halder; Counsel
O R D E R (O R A L)
Per: Hon'ble Smt. Urmita Datta (Sen) (J):
1. Ld Counsel for the applicant is present.Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.01.28 16:54:05+05'30' Foxit PDF Reader Version: 2024.3.0
2 O.A./350/120/2025
2. Ld Counsel Mr. R Halder appears for the respondents. He files his memo of appearance which is taken on record.
3. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"a) Office Order of Transfer being No. B/UDNJ/Posting/2023 dated 17.01.2025 issued by the respondent No. 3 with respect to the applicant is not tenable in the eye of law and as such the same should be quashed;
b) An Order do issue directing the respondents to act and proceed in accordance with the provisions of law and strictly in terms of the Guidelines for transfer to regulate transfers of Group 'C', Group 'B' Officials and Assistant Superintendent of Posts issued vide Office Order being F. No. 141-141/2013-SPB-II dated 17th January, 2019 and DOP&T OM dated 30.09.2009 thereby extending the benefits thereof in favour of the applicant;
c) An order do issue directing the respondent authorities not to disturb the service of the applicant in his present capacity and thereby to allow him to discharge his duty as Postal Assistant at Itahar SO, Uttar Dinajpur;
d) To grant all consequential benefits;
e) To certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (a), (b), (c) and (d) above;
f) Any other order or orders as the Hon'ble Tribunal deems fit and proper."
4. Ld Counsel for the applicant submits that the instant OA has been filed by the applicant basically challenging the Transfer Order dtd. 17.01.2025, whereby, the applicant has been transferred from SPM, Itahar (now attached at Raiganj HO) to PA, Islampur SO.
5. Ld Counsel for the applicant submits that initially vide Order dtd. 16.02.2022 the applicant was transferred inter-divisionally from PA, Mal HO under Jalpaiguri Division to PA under Dinajpur Division for a period of 01 year. Thereafter, the applicant had made a representation before the competent authority. with the approval of the Chief Postmaster General, West Bengal Circle, vide communication dtd. 27.12.2022, and as per the recommendation Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.01.28 16:54:05+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/120/2025 of the TP Committee meeting held on 11.01.2022, vide Order dtd. 12.01.2023 by terminating temporary transfer of the applicant, he was ordered for transfer to Uttar Dinajpur Division under Rule 38 of Postal Manual Vol. IV.
However, in the meantime, vide Order dtd. 06.11.2024 the applicant has been attached to PA, Raiganj HO from PA, Itahar SO, on administrative ground.
6. Ld Counsel for the applicant further submits that vide Order dtd. 17.01.2025, before completion of his tenure at SPM, Itahar (now attached at Raiganj HO) the applicant has been transferred to PA, Islampur SO.
7. In this regard, Ld Counsel for the applicant draws our attention to the Transfer Policy dtd. 17.01.2019, wherein, Para 5 (i) and Para 5 (vi) stipulates as under:
"(i) Post tenure of an employee shall be 3 years and station tenure shall be 6 years. However, an employee may be transferred before completion of post/station tenure on administrative grounds for reasons to be recorded in writing by an authority who is superior to the authority competent to order such transfer. The Authority Competent to approve the rotational transfer in normal course will initiate the proposal with proper justification for approval of the Superior Authority.
(vi) On completion of post-tenure of three years, all officials will be posted in same station to the extent possible. Where it is not possible to do so without shifting some of them outside their present stations, they may be posted outside their present stations to the extent administratively feasible."
8. It is further submitted by the Ld Counsel for the applicant that in the meantime, vide Memo/ Communication dtd. 16.12.2024 the applicant herein was asked to submit option through proper channel within 03 days (from the date of receipt of letter) intimating the names of 03 offices according to his choice for his next posting except his present office of posting. Accordingly, vide letter dtd. 18.12.2024 addressed to the Superintendent of Post Offices, Uttar Dinajpur Division, Raiganj- 733134, the applicant has given his 03 preferences, namely, Bhupalpur Sub Office, Debinagar Sub Office and Karnajora S.O. for his next office of posting. However, without considering the Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.01.28 16:54:05+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/120/2025 said letter dtd. 18.12.2024 and without following the guidelines of Transfer Policy dtd. 17.01.2019, vide Order dtd. 17.01.2025, the applicant was transferred from SPM, Itahar (now attached at Raiganj HO) to PA, Islampur SO. In this regard, the applicant has made a representation dtd. 22.01.2025 before the Superintendent of Post Offices, Uttar Dinajpur Division, Raiganj-
733134. However, the said representation has not been considered till date. Being aggrieved with the same the applicant has approached this Tribunal and has filed the instant OA praying for stay of operation of the impugned Transfer Order dtd. 17.01.2025.
9. However, Ld Counsel for the respondents vehemently objects the prayer made by the Ld Counsel for the applicant for stay of operation of Transfer Order dtd. 17.01.2025.
10. Ld Counsel for the respondents places on record one letter dtd. 24.01.2025 issued by the Superintendent of Post Offices, Uttar Dinajpur Division, Raiganj- 733134, addressed to the ADPS (Court), O/o the Chief Postmaster General, West Bengal Circle, Kol- 700012 and one judgment dtd. 06.09.2021 passed by the Hon'ble Apex Court, in the case of Namrata Verma Vs. State of Uttar Pradesh & Ors. The said copies are taken on record. He further submits that, however, the respondents are ready to consider the pending representation of the applicant within a stipulated period of time.
11. Ld Counsel for the applicant submits that he has no objection if the respondent authority considers the pending representation of the applicant dtd. 22.01.2025, treating this OA as a part of it and communicates the decision to the applicant within a stipulated period of time. In the meantime, the applicant may be granted some interim protection. Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.01.28 16:54:05+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A./350/120/2025
12. Heard Ld Counsels for both the parties and have perused the material on records.
13. In view of the above, the respondent no. 3 i.e. the the Superintendent of Post Offices, Uttar Dinajpur Division, Raiganj- 733134, is directed to consider the pending representation of the applicant dtd. 22.01.2025, treating this OA as a part of it and in light of the Transfer Policy dtd. 17.01.2019 and to communicate the decision to the applicant by way of a reasoned, speaking order within a period of 03 weeks from the date of receipt of certified copy of this order and Transfer Order dtd. 17.01.2025 is stayed till 01 week after receipt of speaking of speaking order.
14. Accordingly, the OA is disposed of at admission stage. No costs.
(Mr. Suchitto Kumar Das) (Smt. Urmita Datta (Sen))
Member (A) Member (J)
sk
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, PostalCode= Subhrajit Koley 712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.01.28 16:54:05+05'30' Foxit PDF Reader Version: 2024.3.0