Central Administrative Tribunal - Jaipur
Kailash Chand Sharma vs D/O Post on 26 November, 2021
1
OA No. 240/2014
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
ORIGINAL APPLICATION NO. 240/2014
Order reserved on 22.11.2021
DATE OF ORDER: 26.11.2021
CORAM
HON'BLE MR. DINESH SHARMA, ADMINISTRATIVE MEMBER
HON'BLE MRS. HINA P. SHAH, JUDICIAL MEMBER
Kailash Chand Sharma Son of Shri Prabhu Lal Sharma,
aged about 52 years, resident of Village and Post
Gurukul via Bakani District Jhalawar and presently
holding the post of Gramin Dak Sevak, Mail Carrier,
Gurukul Branch Post Office (Bakani), District Jhalawar.
....Applicant
Shri C.B. Sharma, counsel for applicant.
VERSUS
1. Union of India through its Secretary to the
Government of India, Department of Posts,
Ministry of Communication and Information
Technology, Dak Bhawan, New Delhi-110001.
2. Chief Post Master General, Rajasthan Circle,
Jaipur-302007.
3. Senior Superintendent of Post Offices, Kota
Postal Division, Kota - 3324001.
4. Assistant Superintendent of Post Offices,
Jhalawar Sub Division, Jhalawar-326001.
.... Respondents
Shri Rajendra Vaish, counsel for respondents.
2
OA No. 240/2014
ORDER
Per: Hina P. Shah, Judicial Member The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for the following reliefs:-
"(i) That the respondents may be directed to allow benefits on transfer i.e. transfer grant, DA & fare for the period applicant perform duties at another place by quashing letter dated 19/03/2014 (Annexure A/1) with all consequential benefits.
(ii) That respondents be further directed to allow the applicant to work on original post i.e. at Gurukul Branch Post Office by quashing letter dated 19/03/2014 (Annexure A/1) with all consequential benefits.
(iii) Any other order, direction or relief may be passed in favour of the applicant which may be deemed fit, just and proper under the facts and circumstances of the case.
(iv) That the costs of this application may be awarded."
2. (a) The brief facts of the case, as stated by the applicant, are that he was initially appointed as Gramin Dak Sevak, Mail Carrier, (GDS MC), on 02.11.1978 at Gurukul Branch Post Office. Thereafter, he was promoted to the post of Postman against seniority quota vide Memo dated 23.09.2010. Since the applicant was lacking in the knowledge of English as well as delivery work and had some other family 3 OA No. 240/2014 issues, he sought reversion from the post of Postman and when the same was not accepted by the respondents, he had approached this Bench of the Tribunal by way of filing OA No. 432/2011 and this Tribunal vide its order dated 09.02.2012 directed the respondents to consider the case of the applicant for reversion from the post of Postman and allow him to work on his original post and pass a reasoned and speaking order in this regard within two months. Since the request of the applicant was not considered, he had to come before this Tribunal by way of filing Contempt Petition No. 25/2012. In pursuance to Memo dated 25.07.2012, respondent no. 4 posted the applicant back as Gramin Dak Sevak, Mail Carrier, Gurukul, i.e. original post of the applicant, vide Memo dated 22.08.2012. The applicant states that he was appointed as GDS Mail Carrier on 02.11.1978 having qualification of 8th standard and for Gramin Dak Sevak, Branch Post Master, minimum qualification is prescribed as 10th standard. The Gramin Dak Sevak does not have any transfer liability as per Rule 3 of Gramin Dak Sevak (Conduct and Employment) Rules, 2001, which clearly provides that Sevak shall not have any transfer liability. The said Rules of 2001, were amended as Gramin Dak Sevak (Conduct & 4 OA No. 240/2014 Employment) Rules, 2011 and as per provision in Rule 3-A (iv) "A Sevak can be transferred from one post / unit to another post / unit in public interest". Though applicant belongs to Mail Carrier cadre, he was transferred to Doongar Gaon Branch Post Office vide order dated 16.03.2013, (Annexure A/9). The applicant had challenged the same by way of filing O.A No. 285/2013. He was further transferred vide order dated 25.06.2013 (Annexure A/12) to Bakani Sub Post Office, which was also challenged by the applicant vide O.A. No. 496/2013. The applicant states that the said orders were passed by the respondents only to harass the applicant. Both these Original Applications were dismissed by this Bench of the Tribunal vide its order dated 06.03.2014 since this Tribunal did not find any reason to interfere with the impugned orders in challenge in both the OAs.
(b) After joining at Doongar Gaon on 11.03.2014, the applicant made a request to respondent No. 3 on 12.03.2014 for allowing TA, DA and other benefits but vide letter dated 19.03.2014, (Annexure A/1), respondent No. 3 rejected the claim of the applicant stating that such benefits cannot be granted. Therefore, being aggrieved by the action of the 5 OA No. 240/2014 respondents in not granting the said benefits / allowances to the applicant in spite of he being transferred from one place to another, he has approached this Tribunal for seeking such benefits.
3. (a) After issue of notices, the respondents have filed their reply stating that the applicant was appointed as Extra Departmental Mail Carrier (now called as Gramin Dak Sevak Mail Carrier) at Gurukul double handed Branch Post Office with Bakani Sub Post Office on 02.11.1978 by Assistant Superintendent Post Offices, (ASPO), Jhalawar, who is the appointing and recruiting authority of GDS as per Rule 4 of GDS (Conduct and Engagement) Rules, 2011. Since the post of GDS BPM Dungargaon (Asnawar) fallen vacant due to superannuation of Shri Kanhaiyalal Meena on 09.04.2013 (A/N), an urgent temporary arrangement was made by ASPO, Jhalawar and services of the applicant were ordered to be spared and utilized as GDSBPM, Dungargaon in larger public interest on temporary basis till regular appointment for GDSBPM Dungargaon is finalized by respondent No. 3. The selection against the said post was already in process and verification of documents and character antecedents were being undertaken to be processed. 6 OA No. 240/2014 The respondents state that the applicant has not been transferred from his present post. He has only been ordered to work at Dungargaon Branch Post Office till further order only on temporary arrangement. This arrangement was in force till joining of newly selected candidate. Applicant was also ordered for combined duty allowance as per existing provisions. It is made clear that as per provisions of Para 3 (A) (ix), terms and conditions of engagement, of GDS (Conduct & Engagement), Rules, 2011, combination of duties of GDS is permissible. It is also made clear that since the applicant was not transferred to Dungargaon, therefore, the allowances such as Transfer Grant / DA, etc., as claimed by the applicant, cannot be allowed as the same do not exist in the provisions of GDS (Conduct & Engagement) Rules, 2011.
(b) The respondents further state that the applicant had previously filed OA No. 285/2013 as well as OA No. 496/2013 on the ground that he has been transferred to another place, which cannot be done by the respondents, and this Bench of the Tribunal vide its order dated 06.03.2014 has observed that Gramin Dak Sevak Mail Carrier and Gramin Dak Sevak Postmaster are equivalent posts, which means that a 7 OA No. 240/2014 Gramin Dak Sevak Branch Postmaster can be posted as a Gramin Dak Sevak Mail Carrier or a Gramin Dak Sevak Mail Carrier can be posted as Gramin Dak Sevak Branch Postmaster since from the date of commencement of the said Rules 2011. In other words, after commencement of the Rules of 2011, a Gramin Dak Sevak Branch Postmaster and a Gramin Dak Sevak Mail Carrier are interchangeable. It was also observed that the respondents had posted the applicant to make some alternative arrangement to cater to the needs of rural population in public interest. The Tribunal further observed that the impugned orders in both the OAs do not suffer from any legal infirmity and, therefore, dismissed both the OAs.
(c) The respondents further state that since the applicant was not transferred but was only ordered to take over the additional charge of the post of Branch Post Master, Dungargaon in addition to his original work of GDSMC Gurukul Branch Post Office, on temporary basis, therefore, there is no question of payment of any TA/DA etc. The respondents further point out that the applicant, instead, is granted combined duty allowance as per existing rules and the 8 OA No. 240/2014 impugned order dated 19.03.2014, (Annexure A/1), clearly mentions about the same. Therefore, the request of the applicant for grant of such allowances is wholly unjust and improper. Since the action of the respondents is legal and justified, the Original Application filed by the applicant deserves to be dismissed.
4. The applicant has not filed any rejoinder denying the submissions of the respondents.
5. Heard learned counsels for the parties and examined the pleadings available on record.
6. The factual matrix of the case, as noted in the present Original Application, is that the applicant was working as Extra Departmental Mail Carrier (now called as Gramin Dak Sevak Mail Carrier) at Gurukul Brach Post Office since 1978. He was thereafter promoted to the post of Postman. Since the applicant was not well versed with English language as well as delivery work and had several family issues, he sought reversion from the post of Postman to that of GDS Mail Carrier. Since his request was not considered by the respondents, he had to file OA No. 432/2011 and 9 OA No. 240/2014 it is only thereafter he was posted back to the post of GDS Mail Carrier at Gurukul vide memo dated 22.08.2012. The applicant thereafter was directed to take over the additional charge of the post of Branch Post Master, Dungargaon, which had fallen vacant due to superannuation of Shri Kanhaiya Lal Meena, in addition to his original work of GDSMC, Gurukul Branch Post Office. As an urgent temporary arrangement to maintain uninterrupted work of postal authorities to the general public, the services of the applicant were ordered to be spared and utilized as GDS BPM, Dungargaon. The said temporary arrangement was made by ASPO, Jhalawar on temporary basis till regular appointment for the post of GDS BPM Dungargaon was finalized. It was noted that the selection for the post of GDS BPM, Dungargaon was at the final stage as the process of verification of documents and character verification, etc. was under progress. It is very clear that the applicant was not transferred from his present place of posting but it was only an alternative arrangement made on temporary basis so that the work of the said post office is not hampered. The applicant was also ordered for combined duty allowance as per existing provisions. As per Para 3 (A) (ix) of the GDS (Conduct 10 OA No. 240/2014 and Engagement) Rules, 2011, combination of duties of a Sevak is permissible. Since the applicant was not transferred to Dungargaon, therefore, there was no question for grant of TA/DA etc. to him since the rules do not provide for the same. It was made clear by the respondents and as noted by us, GDS (Conduct and Engagement) Rules, 2011 are very clear on this aspect. Since the applicant was not transferred but was ordered to work on temporary arrangement and there is no such rule for grant of any allowances i.e. TA/DA, etc., the respondents are justified in their action for not granting the said allowances to the applicant.
7. From the record, it is very clear that the applicant was directed to take over the additional charge of the post of BPM, Dungargaon in addition to his original work of GDS MC, Gurukul Branch Post Office, on temporary basis, till the regular appointment of new GDS BPM, Dungargaon was made. As per Rule 3-A(ix) of the Rules of 2011, combination of duties of a Sevak shall be permissible. Therefore, contention of the applicant that he was not liable to be transferred cannot be accepted. It is also very clear that in case there is public interest, 11 OA No. 240/2014 person(s) can be ordered to work temporarily at a particular place.
8. As per impugned order dated 19.03.2014 (Annexure A/1), it is clear that respondents advised the applicant to submit his claim of Combined Duty Allowance (CDA) and Office Maintenance Allowance (OMA) every month as per rule so that payment can be made to him. It was also stated that the applicant was not transferred and there is also no provision to grant TA/DA on transfer of GDS. It is also observed that the applicant was drawing TRCA Rs. 4820 + allowances before his promotion in Postman cadre and after his reversion in GDS cadre, his present TRCA is Rs. 4895 + allowance under which he is running. As the applicant is getting TRCA, therefore, his claim that he has not been given transfer allowances i.e. TA/DA, etc. cannot be accepted. It is very clear from the Rules that GDS are not entitled to get transfer grant in case of additional charge being given on temporary basis. It is also clear from the record that the applicant was not transferred but was ordered to perform additional work of the post of Branch Post Master, Dungargaon in addition to his original work of GDS MC, Gurukul Branch Post Office, on temporary 12 OA No. 240/2014 basis only. Thus, we do not find any illegality in the action of the respondents as the same is legal and justified.
9. From the observations made herein-above, it is clear that impugned order dated 19.03.2014, (Annexure A/1), does not deserve any interference by this Tribunal as the action of the respondents is just and proper. The Original Application being devoid of merits deserves to be dismissed. Accordingly, the Original Application is dismissed. No order as to costs.
(HINA P. SHAH) (DINESH SHARMA) JUDICIAL MEMBER ADMINISTRATIVE MEMBER /nlk/