Central Administrative Tribunal - Hyderabad
T. Konda Reddy vs The Asst. Superintendent Of Post ... on 20 November, 2008
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD Original Application No. 449/2008 Date of Order : 20.11.2008 Between: T. Konda Reddy ... Applicant And 1.The Asst. Superintendent of Post Offices, Kanigiri, Prakasam District 523 230. 2.The Sr. Superintendent of Post Offices, Ongole Division, Ongole, Prakasam District. 3.The Post Master General, Andhra Pradesh Region, GPO, Abids, Hyderabad. 4.The Sub Post Master, HM Padu Sub Office, HM Padu, Prakasam District 523 227. ... Respondents Counsel for the applicant ... Mr. B. Chinnapa Reddy Counsel for the respondents ... Mr. G. Jaya Prakash Babu, Sr.CGSC. CORAM: Hon'ble Mr. R. Santhanam ... Member (Admn.) ORDER
{As per Hon'ble Mr. R. Santhanam, Member (Admn.) } Heard Mr. B. Chinnapa Reddy, learned counsel for the applicant and Mr. G. Jaya Prakash Babu, Senior Central Government Standing Counsel for the respondents.
2. The applicant is an extra departmental agent in the Postal Department. He has filed the OA aggrieved by the Memo No.B(2)/SDS/D-8 dated 2.7.2008 issued by the first respondent transferring him from HM Padu District to C.S. Puram to work as SDS/ED at CS Puram, Prakasam District which is at a distance of more than 20 Kms. It is the applicant's case that he has been working as EDDA/II at HM Padu w.e.f. 15.9.1980. His services were regularised on 8.1.1991. The applicant claims that he has been discharging his duties satisfactorily and it has come as a shock to him that the respondents have transferred him to a place 20 kms away for which he has to change two buses to reach the destination. Even though the orders are titled as temporary, the applicant fears that it may affect him permanently. He submits that he is not in a position to discharge his duties at C.S. Puram as he has to look after his aged sick parents and has to look after the welfare of his children. The applicant further submits that the first respondent ought not have passed the orders as the applicant is only an extra-departmental person working with the Postal Department and he does not have regular pay even. Transferring him in the middle of the academic year of the children according to the applicant is illegal, arbitrary, unconstitutional and against the principles of natural justice. In these circumstances, the applicant has approached this Tribunal seeking redressal.
3. The respondents have filed reply in which they have stated that the post of GDS BPM, Panduva Nagulavaram BO fell vacant due to discharge of regular incumbent on the afternoon of 30.6.2007 and it is being managed by an outsider purely on temporary basis. It is necessary to fill up the post of GDS BPM through a regularly selected candidate. Respondent No.1 examined all the possibilities basing on the work load to make combination arrangements. He found that the work load in respect of delivery establishment at HM Padu SO does not justify the existing two GDS MDs and it can be managed by one GDS MD. The incumbent of GDS MD of CS Puram SO expressed his willingness voluntarily to work in the post of GDS BPM, P. Nagulavaram BO under combination of duty arrangements for the time being, till such time the post is filled with regular incumbent. The delivery work at C.S. Puram is heavy and it cannot be entrusted to the existing GDS Packer of CS Puram SO. In these circumstances, the respondent made temporary arrangements keeping in view the instructions contained in the Directorate New Delhi letter No.17-115/2001-GDS dated 21.10.2002 in matters relating to substitute/ provisional appointments in the cadre of GDS employees. Accordingly, the applicant was asked to work as GDS MD, CS Puram SO. The respondents have stated that these arrangements are purely stop gap and as and when the candidate is selected for the post of GDS BPM, P. Nagulavaram BO on regular basis, temporarily arranged candidates have to come back to their original posts. The respondents have further stated that the applicant instead of assuming the post of GDS MD, C.S. Puram SO, absconded from duty from 11.7.2008 and filed an application before this Tribunal. He has been directed to join duty immediately at HM Padu SO as GDS MD-II. This has been annexed as Annex.R-V. A copy of the letter was endorsed to SPM, HM Padu SO with a specific direction to permit him to duty and report compliance. Accordingly the applicant has joined back his original post of GDS MD-II HM Padu SO on the forenoon of 31.7.2008. Learned Senior Standing Counsel for the respondents submitted that the grievance of the applicant has thus been redressed.
4. Learned counsel for the applicant also submitted that the applicant has since joined duty at HM Padu, his original place of posting,therefore, nothing remains to be adjudicated in this matter. The OA is accordingly closed. No costs.
(R. SANTHANAM) MEMBER (ADMN.) Dated : 20th November, 2008 (Dictated in Open Court)