Central Administrative Tribunal - Kolkata
Srabani Senapati vs D/O India Post on 12 August, 2020
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. 0. A. No/350/ ; of 2020
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Smt. Srabani Senapati :wife of late
Submial Senapati, aged about 37 years
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working as GDSBPM Jalabishwanathpur
Branch Office, since officiating at
Nabghara Branch Office and presently
residing at Vill & P.O.. Banaharispur P.S.
Panchla, Dist. Howrah, Pin - 711322.
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... Applicant
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Secretary, Ministry of Communication &
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2. The Chief Post Master General, West
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Superintendent of Post
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4. Inspector of Posts, Howrah 2nd Sub
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Division, Rortgloster, Howrah 7,1.1310.
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Respondents
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CENTRAL ADMINiSTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
Date of Order: 1^08.2020
No. 0. A. 350/486/2020
Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member :*v- .
Horr'ble Dr. Nandita Chatterjee, Administrative Member
SMT. SRABANI SENAPATI
Vs.
UNION OF INDIA & OTHERS
Forthe Applicant(s): Mr. P.C. Das, counsel .
Mr. J.R. Das, counsel
Ms. T. Maity, counsel
Forthe Respondent(s): Mr. B.B. Chatterjee, counsel
O R D E R (0 R A U
Bidisha Banerjee, Member (J):
This application has been filed to seek the following reliefs:-.
0 An order directing the respondents to cancel, rescind withdraw or set aside the purported order dated 01.07.2020 received by the applicant on 06.07.2020 in the interest ofjustice.
H) An order directing the respondents to cancel, rescind withdraw or set aside the purported order/letter dated 03.09.2019 by the Sr. Supdt. Of P.Os, Howrah Division, Howrah-711101 since been issued without due application of mind. m An order directing the respondents to. grant, regular transfer to the applicant herein to Nabghara Branch Office from existing Jalabiswanathpur Branch Office with immediate effect to save the life of the applicant as also of her baby child as . .V, already reported by the applicant.
iv) ' 'An order directing the respondents to consider the representation of the applicant being dated 22.03.2019 to allow her transfer to Nabghara Branch Office on immediate basis vis-a-vis allow her to continue at the said Nabghara Branch Office on officiating basis pending decision of the O.A. when admittedly there being existing vacant position since admitted in the Inspection Report and followed the OOP OM dated 22.01.2020;
V) An order directing the respondents to consider the representation dated 08.07.2020 along with proforma for transfer at Nabghara B.O. in terms of the DOP OM dated 22.01.2020; ' \ ■vr [■ 2 order directing the respondents to produce entire records case with
vi) An Advocate appearing for the applicant for consaonable justice copy to the Ld. this Hon'ble Tribunal may Any other order or orders further order/orders as to
vii) seem fit and proper.
Today at hearing the following facts have been placed before us:-
2.
of Posts(H.a) Office of the Senior
The Assistant Superintendent
Howrah communicated to the
Superintendent of Posts, Howrah Postal-Division Id. counsel for the respondent authorities as under.-
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Government .of India: SIKH Department of Posts: ^ Office of the Senior Superintendent of -Post.-Offices, Howrah Posts! Division, Howrah-711101.
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■Phone No. 033-266H2S9/
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Fax-(033)2657-930S
e-Maii- dohow^3h;wb @.inclisp:cst,gcv.in/ [email protected] .
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To
Ml B.8.;Chatt6jee,
Sr Govt Counsel ('Group*!)
OAT, Kotkata Bench
Kcnkata-7G0020
Nc BO Esff./G'OS limited Tran.sfer(CAT}/Howrah On Gated at Howrah -i the .;34.0S.2020
Sub. Clarification in r/o order of Hon'ble CAT ..Kolksta Bench oated 28.07.2020 in c/w OA'Ho- 350/486 G 2G20 i'fVlhs matter of Srabani Sena-pati VS; U.O;! i others, • Sir, •/inGponsctionwith above, the following, clarifications are given on benait of the Department for siiOmlsston • .before this Han'bie CAT. Koikata Bencn.
. t riemark of -Lxf.'.Counsel of the.applicant,-side-that the woposa! for iransferris given 40 KM ■a^yT^the,residence ofShefapplicant is-nofiaie,; Smt, Senapati'has mentioned;in r.er.applicatior. (in. prescffbed/profbrmaj dated'O/tbi .2020 that heriiVinfe place is Panchia and m ihemext.application dated 08 07.2020 is Eanharishpur (in Panchia Block) and earlier proouced a residentiai certificate that she. resides at Mabghara (in Panchta Block) issued by kanduah Gran:. Panchayat of.Panchia Slock. Hence, this office is vary confused. about actual resktentiaf status of tbs applicant. Taking into view thaLshe. ■ - asides in the Delivery jurisdiction.of Naba.hara branch Post Office in Panchia Development Block; she' svas ottered three alternative-choice orengcgement --l j-at Gobercihanbat! Post Office in Parichia Block
2) Naipur, Post .Office alSankrajl Block .3)'Ragh'u6fevpur Post Office at Panchia Block -" -each Post Office having--vacafit ODS post to 'accommtodate. her-right-.no'.v. Eventually, each Post Office, so said istocated. within a radius of not more than 10 KMs centering'Nafcghara Branch'Pest Office -in Panchia.Block. So no ■ naiafide intent to put her into trouble played in the matter of oner of choice of Post Offices for her'' ^mediate encagefnem.
'•viomer ruling governing tin's transfer to be kept, in view is that the applicant, is drawing Time Related Gonlinaity Allowance (TRCA.in abbreviat:pnkap|iifcablfi for CDS at Level-2 and so the'spplicamtriay-b'e f/ansferred'to avapant GDS post againk'whkJf-.tRCA.Levet-? is;appiicabte.
3Orherwise. such {ransfer may stand convrary-iO'Pdstci depsrtrrsn'.sl ruling. No vacant GDS post around ■ "I Nsbghara Post Office Is identified as TRCAleve- 2 cosi l!pcr. ■'.e- apoiication. we may review the . workload of the said GDS post as to whether the said GDS pos: can oe identified as Level 2 post or not. /matches, then her application for tehsfSnrnay-be approvec. Copy of ruling on this issue is submitted enclosed herewith.
".-.is choices were given to the aDpiicam:tb®iij§:the order Hon'ble-CAT, Kolkata Bench. OA-,127 of ■ C20dated 13.02.2020 ' . ; ;
--..rs-li; Sm: S'abani Sei-apau did nci subrnrlany aocLmentc-y evc-rnoe alone with her aoplication dated' "'l** a 'V.H Or.2020 and tnus she oid rot comply me orceroMr.s Hon'b,e Kolkata Bench AKfi howevea the application of transfer for Nabghara- S.G nas bear, •or.varded to Regional Office(RO/. i. e the Ofo the Postmaster General South Sengahfetfonsnd the matter is under process of decision. Para-Ill:- The post.cf BPM. Nsbghara B;bi;li |i|yac£r.t but it canrct be •allotted, to the applicant as the TRCA Lfivehis not'same and this has 'beeh^roVKiec' by Postal Directorate Office-Memorandum No-'7- • 'A
-..n 3';20'6-GDS Dated 22 01.2020, Copy of-rulmg-onthis issue is submitted enclosed herewith ■•Li T;-;2 above information stands, approved for subrhiss-on oeio e !r - KoUata Bench throjeh cur GC oy the competent authority. . ..
cThankihc vou
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Yours faithfully.
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Aviji! Daii/ .rTtiT'TiH 215
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Assistant Superini/jndcr.t oi Posts :H,Q) . ::.v. .
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.j/n :he Senior Supefiineridtnt of Posts
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Howrah Postal Oivis'on/ sw ■-J
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3. ft is evident from the above extract that admittedly the applicant resides in the delivery jurisdiction of Nabaghara Branch Post Office in Panchla Development Block. It transpired from the reply that the applicant is at a higher level of TRCA compared to that of Branch Postmaster of Nagaghara Branch Post Office. She desires that she should be retained in Nabaghara Branch Office until the post is filled up on regular basis. It also transpired in course of hearing that vacancy in the post of Branch Post Master at Nabaghara Branch Office is yet to be filled up on regular basis and is to be manned by any other BPM of the required level.
4. Since the applicant is at a higher level of TRCA for the post of Branch Postmaster, Nagaghara and is willing to serve as Branch Post Master at 4 Nabaghara/ placing her at Nabaghara Branch Post Office would not pose any ! difficulty as she has already served as such. Accordingly we direct the respondents to allow her to continue as Branch Post Master, Nabaghara Branch Office for such tenure as the Rules would allow and until the post is filled up on regular basis.
5. With the aforesaid order, the O.A. stands disposed of. No costs.
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(Dr. Nandita Chatterjee) (Bidisha Banerjee)
Administrative Member Judicial Member
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