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Central Administrative Tribunal - Kolkata

Sukradeb Singha vs Posts on 26 September, 2025

                                                                    1                                o.a. 1339 of 25


                                                        CENTRAL ADMINISTRATIVE TRIBUNAL
                                                              KOLKATA BENCH
                                                                 KOLKATA

O.A. 350/1339/2025                                                                   Date of order: 26.09.2025


Present                                      : Hon'ble Mr. Anindo Majumdar, Administrative Member



                                                        Sukradeb Singha, son o late Nandalal Singha, residing at
                                                        Village- Purba Sitila, Post Office- Sonarpur, Police
                                                        Station- Sonarpur, District- South 24 Parganas, Pin-
                                                        700150.
                                                                                              .............Applicant.

                                                                          -Versus-



                                                        1. Union of India, service through the Secretary,
                                                           Ministry of Communication, Department of Posts
                                                           having its office at Dak Bhawan, New Delhi- 110001.

                                                        2. The Chief Post Master General, West Bengal Circle,
                                                           Yogayog Bhawan, Kolkata- 700012.

                                                        3. The Director of Postal Services, O/o. Post Master
                                                           General, South Bengal Region, West Bengal Circle,
                                                           Yogayog Bhawan, Kolkata- 700012.

                                                        4. The Superintendent of Post Office, Contai Division,
                                                           Department of Post, Post Office- Contai, District-
                                                           Purba Medinipur, Pin- 721401.


                                                                                          ................Respondents.




For the Applicant                                       : Mr. Arpa Chakraborty, Counsel
                                                          Mr. U. K. Jana, Counsel

For the Respondents                                     : Mr. S. Ghosh, Counsel




          Digitally signed by Pampa Nandi
          Debnath
          DN: C=IN, O=Personal, T=1575,
          OID.2.5.4.65=
          133596280922834876S4dj74l44O

Pampa     Oh8c, Phone=
          feef9776669c46fe6184e820dd910
          dd7d01593942dd0b54986bb0e389
          6815227, PostalCode=700131, S=

 Nandi    West Bengal, SERIALNUMBER=
          965e50cc3fa0709cded2168635de
          e2247261f62bbbc47678dd5cb72a
          133ee6b9, CN=Pampa Nandi

Debnath   Debnath
          Reason: I am the author of this
          document
          Location:
          Date: 2025.09.26 15:29:15-07'00'
          Foxit PDF Reader Version:
          2024.4.0
                                                                               2                                      o.a. 1339 of 25




                                                                      O R D E R (Oral)

Per Mr. Anindo Majumdar, Administrative Member:

Affidavit of Service filed by the applicant is taken on record.

2. Today, Mr. S. Ghosh, learned counsel appears on behalf of the respondents and 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:-

"8(a) An order be passed for stay of the operation of the said purported trasnsfer and posting order wherein the name of the applicant was appearing at Serial No. 1 under Part- E of the same issued by the Respondent No. 4 vide Memo No. B- 22/Arrgtt/I/XII dated at Contai- 721401, the 12.06.2025 as per recommendation of the Divisional Transfer and Placement Committee with immediate effect in the interest of service thereby transferring the applicant from Egra MDG as Postmaster to Balisai SO as SPM as the said order has been issued in violation of the guidelines for transfer of Postal Officials belonging to Group - C, Group- B (gazette and non-gazetted) officials and Assistant Superintendent of Posts as enumerated in DOP F. No. 141- 141/2013 - SPB- II dated 17.01.2019 issued in addition to the provisions of Postal Manual Volume IV.
(b) An order be passed upon the respondents for not to give any effect or any further effect to the said purported transfer and posting order wherein the name of the applicant was appearing at Serial No. 1 under Part - E of the same issued by the Respondent No. 4 vide Memo No. B-22/Arrgtt/I/XII dated at Contai-

721401, the 12.06.2025 as per recommendation of the Divisional Transfer and Placement committee with immediate effect in the interest of service thereby transferring the applicant from Egra MDG as Postmaster to Balisai SO as SPM as the said order has been issued in violation of the guidelines for transfer of Postal Officials belonging to Group - C, Group - B (gazette and non-gazetted) officials and Assistant Superintendent of Posts as enumerated in DOP F. No. 141- 141/2013 - SPB - II dated 17.01.2019 issued in addition to the provisions of Postal Manual Volume IV.

( c) An order be passed for stay of the operation of the impugned order issued by the Respondent No. 4 vide Memo No. B-22/Arrgtt/I/XII dated at Contai - 721401, the 18.08.2025 by which the applicant is directed to hand over the charge of Postmaster , Egra MDG to Sri Gopal Mandal who is working as PA therein and Sri Mandal is directed to assume the duties of Postmaster , Egra MDG and continue until further order.

(d) An order be passed upon the respondents for not to give any effect or any further effect to the said impugned orders dated 12.06.2025 and 18.08.2025 and not to proceed any further in terms of the said orders."

Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4dj74l44O

Pampa Oh8c, Phone= feef9776669c46fe6184e820dd910 dd7d01593942dd0b54986bb0e389 6815227, PostalCode=700131, S= Nandi West Bengal, SERIALNUMBER= 965e50cc3fa0709cded2168635de e2247261f62bbbc47678dd5cb72a 133ee6b9, CN=Pampa Nandi Debnath Debnath Reason: I am the author of this document Location:

Date: 2025.09.26 15:29:15-07'00' Foxit PDF Reader Version:

2024.4.0 3 o.a. 1339 of 25

4. The submissions of the learned counsel for the applicant are summarized below:

(i) The applicant is presently posted as Post Master at Egra MDG. He has been transferred from PM, Egra MDG to SPM, Balisai SO vide impugned order dated 12.06.2025 (Annexure A/3). The applicant has earlier been transferred to the present place of posting from Belda MDG vide order dated 21.07.2023 (Annexure A/1).

(ii) As per guidelines for transfer of Group 'C' and Group 'B' officials circulated vide order dated 17.01.2019, the tenure for rotational transfer of employees shall be 3 years and station tenure shall be 6 years.

(iii) At para 5(i) of the said guidelines for transfer, it is also stipulated that 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. But in the instant case, no reasons have been ascertained by the authority for transferring the applicant.

(iv) As per para 5(v) of the said guidelines for transfer at least three options of the place of posting/station is required to be sought from the concerned employee with reasons to enable the authorities to consider the same while effecting transfer. But in the instant case, no such options have been asked for from the employee.

Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4dj74l44O

Pampa Oh8c, Phone= feef9776669c46fe6184e820dd910 dd7d01593942dd0b54986bb0e389 6815227, PostalCode=700131, S= Nandi West Bengal, SERIALNUMBER= 965e50cc3fa0709cded2168635de e2247261f62bbbc47678dd5cb72a 133ee6b9, CN=Pampa Nandi Debnath Debnath Reason: I am the author of this document Location:

Date: 2025.09.26 15:29:15-07'00' Foxit PDF Reader Version:

2024.4.0 4 o.a. 1339 of 25

(v) A disciplinary proceeding case was initiated against the applicant and that a penalty of withholding his promotion for a period of 2 years without cumulative effect and not adversely effecting his pension upon the applicant have been passed. The impugned transfer order is therefore punitive in nature.

(vi) That the applicant has been transferred to Class II Post Office as Sub Post Master which amounts to demeaning his status and this is impressible as per extant law.

(vii) That the applicant has made a representation dated 03.07.2025 (Annexure A/4) against the impugned transfer order, which has not been disposed of although the applicant has been informed verbally that he may be released at any time.

5. Therefore, learned counsel for the applicant prays for an interim protection.

6. Learned counsel for the respondents submits that he has not received any instructions as yet from the department.

7. I have heard the learned counsel and perused the materials on record.

8. Since the applicant has made a representation dated 03.07.2025 to the Director of Postal Services, West Bengal Region for redressal of his grievance which is not yet disposed of, I direct the Director of Postal Services, West Bengal Region to take a decision on the pending representation of the applicant dated 03.07.2025 in accordance with the provisions of the guidelines for transfer of Group 'C' officials within a period of two (02) months from the date of receipt of copy of this order and to allow the applicant to continue in his present post at Egra MDG till such time.

Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4dj74l44O

Pampa Oh8c, Phone= feef9776669c46fe6184e820dd910 dd7d01593942dd0b54986bb0e389 6815227, PostalCode=700131, S= Nandi West Bengal, SERIALNUMBER= 965e50cc3fa0709cded2168635de e2247261f62bbbc47678dd5cb72a 133ee6b9, CN=Pampa Nandi Debnath Debnath Reason: I am the author of this document Location:

Date: 2025.09.26 15:29:15-07'00' Foxit PDF Reader Version:

2024.4.0 5 o.a. 1339 of 25

9. In view of above, the present OA is disposed of. No order as to costs.





                                                                                              (Anindo Majumdar)
                                                                                             Administrative Member

pd




           Digitally signed by Pampa Nandi
           Debnath
           DN: C=IN, O=Personal, T=1575,
           OID.2.5.4.65=
           133596280922834876S4dj74l44O

 Pampa     Oh8c, Phone=
           feef9776669c46fe6184e820dd910
           dd7d01593942dd0b54986bb0e389
           6815227, PostalCode=700131, S=

  Nandi    West Bengal, SERIALNUMBER=
           965e50cc3fa0709cded2168635de
           e2247261f62bbbc47678dd5cb72a
           133ee6b9, CN=Pampa Nandi

 Debnath   Debnath
           Reason: I am the author of this
           document
           Location:
           Date: 2025.09.26 15:29:15-07'00'
           Foxit PDF Reader Version:
           2024.4.0
 6   o.a. 1339 of 25
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