Central Administrative Tribunal - Madras
B Vinayagamurthy vs D/O Post on 22 January, 2020
1 OA 1415/2019
Central Administrative Tribunal
Madras Bench
OA/310/01415/2019
Dated the 22nd day of January Two Thousand Twenty
PRESENT
Hon'ble Mr. P.Madhavan, Member(J)
&
Hon'ble Mr.T.Jacob, Member(A)
B.Vinayagamurthy,
S/o Balasubramanian,
No.32, Kumara Bhavanam,
Chidampara Nagar,
Mathur Industrial Estate,
Pudukottai District,
PIN 622 515. .. Applicant
By Advocate M/s.R.Malaichamy
Vs.
1. Union of India rep by the
Chief Postmaster General,
Tamil Nadu Circle,
Anna Salai, Chennai 600 002.
2. The Postmaster General,
Central Region (TN),
Tiruchirapalli 620 001.
3. The Superintendent of Post Offices,
Pudukottai Division,
Pudukottai 622 001. .. Respondents
By Advocate Mr.SU.Srinivasan
2 OA 1415/2019
ORDER
[Pronounced by Hon'ble Mr.P.Madhavan, Member(J)] This is an OA filed seeking the following relief:-
" i)To call for the records of the 3rd respondent pertaining to his order which is made No.B2/GDS Trfr Dlgs dated 21.3.2019 and set aside the same, consequent to,
ii) direct the respondents to post the applicant by transfer as GDS Packer at Tiruchirapalli Collectorate Branch Post Office, and
iii) To pass such further or other orders as this Tribunal may deem fit and proper."
2. The applicant's case in nut shell is that he is working as GDS BPM at Sengalur BO w.e.f. 10.8.1994. According to him, he is suffering from many diseases and he is taking treatment from Trichy Medical College Hospital. The Doctor has advised him to take treatment twice in a week at Trichy but the applicant could not avail this facility. The applicant has made representations to the second and third respondents to post him at Tiruchirapalli Collectorate Branch Office as GDS Packer. According to him, GDS Packer duties does not involve money transfer. He also requested for a transfer to any of the following places like Uraiyur, Thennur etc. The third respondent, without considering his request on humanitarian ground has rejected his representation on 21.3.2019. According to him, he is fully eligible for transfer on medical grounds. So, he seeks to set aside the impugned order dt. 21.3.19 and direct the respondents to give a transfer as GDS Packer at Tiruchirapalli Collectorate Branch Office.
3 OA 1415/2019
3. The respondents entered appearance and filed a brief reply stating the facts of the case. According to them, the applicant is working as GDS BPM, Sengalur w.e.f. 10.8.1994. He had given a transfer request on 22.2.19 to the third respondent. The applicant stated that he is residing at Mathur which is 15 km away from Trichy town. The applicant requested for a transfer to Tiruchirapalli Division either in Tiruchirapalli Collectorate SO or Woriyur SO or Tennur SO which are located in Trichy town, so that he can work as GDS Packer. The third respondent has rejected his application since he does not fulfil the eligibility conditions enumerated in the Postal Directorate O.M. No.17-31/2016-GDS dt. 04.1.19. A GDS BPM can seek transfer to any vacant post of GDS BPM only. A GDS BPM cannot seek any transfer to ABPM or Dak Sevak (GDS Packer). He can seek only transfer to any vacant post of Dak Sevak or ABPM. So, his request cannot be considered. It is also submitted by the respondents that if the applicant requested for any vacant BPM post nearby Trichy Medical College it could have been considered by the respondents. So, there is no merit in the contention put forward by the applicant.
4. We have heard both sides and perused the pleadings. The applicant was appointed as per Annexure A1 order dt. 09.6.95. The Postal Department has implemented the recommendation of Kamlesh Chandra Committee report on Limited Transfer Facility and in supersession of all previous orders regarding transfer of GDS as per OM dt. 04.1.2019. As per Clause (viii) of the said OM regarding condition of transfer, it can be seen that a GDS can be transferred considering his level as follows:-
4 OA 1415/2019
"(viii) The GDS can be transferred on her/his request in following circumstances:-
(a) BPM Level 2 to BPM Level-2 in TRCA slab-3.
(b) BPM Level-1 to BPM Level-1 in TRCA slab-2.
(c) ABPM/Dak Sevaks Level-2 to ABPM/Dak Sevaks Level-2 in TRCA slab-2.
(d) ABPM/Dak Sevaks Level-1 to ABPM/Dak Sevaks Level-1 in TRCA slab-1."
The respondents in their reply filed before this Tribunal had clearly explained the circumstances under which the applicant's application was rejected. The only contention put forward by the applicant is that the Annexure A2 OM is only recommendatory and it need not be fully complied with. On going through Annexure A2, it can be seen that the said guidelines were implemented for the GDS w.e.f. 04.1.19. It has clearly laid down the various parameters for transferring a person from one Post Office to another Post Office. According to the respondents, the transfer request of the applicant did not fulfil the eligibility conditions as per the said OM. The applicant who is working as GDS BPM drawing a TRCA in Level-1 slab-2 can seek transfer only to BPM having TRCA Level-1 of slab-2. This being so, he cannot be transferred to any vacant post of Dak Sevak in Tiruchirapalli Collectorate SO or Woriyur or Tennur SO. It will be against the guidelines issued by the department. It is also made clear by the respondents that he could have requested for any vacant post of BPM nearby to Trichy Medical College for the purpose of treatment and the request could have been considered by the respondents. 5 OA 1415/2019
5. On going through the above, it can be seen that there is no arbitrariness or any discrimination shown against the applicant. There is no reason to interfere with the impugned order dt. 21.3.19 as stated by the applicant. So, the OA lacks merit and is liable to be dismissed.
6. Accordingly, OA will stand dismissed. No costs.
(T.Jacob) (P.Madhavan)
Member(A) Member(J)
22.01.2020
/G/