Central Administrative Tribunal - Delhi
Anil Mohan Kumar vs Department Of Posts on 19 February, 2026
1
Item No.67 (C-V)
O.A. No.4151/2023
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.4151/2023
Order reserved on : 22.12.2025
Order pronounced on: 19.02.2026
Hon'ble Mr. Rajveer Singh Verma, Member (J)
Anil Mohan Kumar, aged 56 years
s/o Sh. Kishori,
working as LSG (Supervisor) in
Automatic Mail Processing Centre, New Delhi
r/o Plot No.8/2, Laxmanpuri,
Vipin Garden, New Delhi-59
...Applicant
(By Advocate : Shri Yogesh Sharma)
Versus
1. Union of India through the Secretary,
Ministry of Communication,
Department of Post,
Dak Bhawan, New Delhi.ll 0001.
2. The Chief Post Master General,
Delhi Circle, Meghdoot Bhawan,
New Delhi-110001.
...Respondents
(By Advocate : Shri Subhash Gosai)
Digitally signed by
RACHNA KAPOOR
RACHNA KAPOOR
Date: 2026.02.20
16:37:57+05'30'
2
Item No.67 (C-V)
O.A. No.4151/2023
ORDER
By virtue of the present OA, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following relief:-
"i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dt.12.9.2022 (Annex.A/1) and order dated 4.12.2023 (Annex.A/2), declaring to the effect that the same is illegal, arbitrary and discriminatory and consequently pass an order directing the respondents to post the applicant in is parent department i.e. Mail Motor Service with consequential benefits.
(ii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicants with the costs of litigation."
2. The brief facts of the case, as enumerated by the learned counsel for the applicant are that the applicant was initially appointed as a Postal Assistant on 01.12.1993. Thereafter, he was promoted to the post of LSG (MMS) on 26.07.2021 and since then he is working as such.
3. Learned counsel for the applicant submitted that Ministry of Communication on 11.02.2022 issued cadre management of PA and LSG in Mail Motor Service policy. As per this policy and the previous one Digitally signed by also "candidates once allocated to MMS shall not be RACHNA KAPOOR RACHNA KAPOOR Date: 2026.02.20 16:37:57+05'30' 3 Item No.67 (C-V) O.A. No.4151/2023 subject to transfer outside MMS except in case of promotion or on request, when they can be considered for posting to another MMS Unit/RMS Division". The sanction strength of in this policy of LSG is 17 Units of MMS, under which the officials can be transferred.
4. On 12.09.2022 (Annexure-A/1), the respondents attached the applicant to Automatic Mail Processing Centre (AMPC), Airmail Sorting Division, New Delhi- 110021, until further orders, which is totally separate unit having different nature of work. The learned counsel for the applicant further submitted that the applicant's original cadre is that of a supervisor, but in AMPC, the respondents posted the applicant as a Sorting Assistant, which is a lower post. Since the applicant was under impression that it is temporary arrangement in exigency of service, he joined AMPC, but when he was not reposted to MMS, he submitted a detailed representation dated 10.03.2023. Since the request of the applicant was not decided, he approached the Tribunal by way of OA No.3369/2023, which was disposed of on 02.11.2023, with a direction to the respondents to decide the pending representation of the applicant dated 10.03.2023 by Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.02.20 passing a speaking and reasoned order. In pursuance 16:37:57+05'30' 4 Item No.67 (C-V) O.A. No.4151/2023 to the said order of the Tribunal, the respondents passed the order dated 04.12.2023, rejecting the claim of the applicant.
5. Learned counsel for the applicant submitted that the in AMPC, the respondents are taking the work of Sorting Assistant from the applicant, which is a lower post to the LSG, on which the applicant was working before transfer to AMPC. Learned counsel for the applicant further argued that it is a settled law that a government employee cannot be transferred to a position that is lower in rank and pay. While acknowledging that the pay scale and seniority position of the applicant in his original cadre are not affected, he emphasized that he is now required to work as an Assistant, whereas he was working as a supervisor in his original cadre. Additionally, the learned counsel for the applicant pointed out that the applicant now has to work with juniors in the attached offices.
6. Learned counsel for the applicant further contended that the policy of the respondents, issued on 11.02.2022, regarding cadre management of LSG Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.02.20 16:37:57+05'30' 5 Item No.67 (C-V) O.A. No.4151/2023 in MMS, particularly paragraph 4 (g) of such communication, states as follows:
"(g) Sanctioned post of LSG in 17 MMS units, wherever existing, shall be added to the total post of LSG in RMS. Officials already appointed as LSG in MMS as on date of issue of these instructions shall continue to work in MMS and would not be subject to transfer out of the unit. However, on their further promotion they shall be promoted to the cadre of HSG-II in RMS and normal rules on transfer/posting of HSG-II shall be applicable."
7. In view of the above, the learned counsel for the applicant submitted that the respondents are violating their own policy as issued in the aforementioned OM dated 11.02.2022.
8. In support of his contentions, learned counsel for the applicant relied upon the following judgments:-
(i) Judgment of the Hon‟ble Supreme Court in the case of P.K. Chinnasamy Vs. Govt. of Tamilnadu 1988(7) SLR 697;
(ii) Decision of Hon‟ble Bombay High Court in the case of VPS Gill Vs. Air India AIR 1988 Bombay 416.
9. The respondents in the OA entered appearance on issuance of notice and filed their reply opposing Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.02.20 16:37:57+05'30' the OA. The learned counsel for the respondents 6 Item No.67 (C-V) O.A. No.4151/2023 submitted that the competent authority of the respondents had observed that there was a delay in proper maintenance and running of vehicles at MMS Naraina and irregular procurement pointed out by Accounts Officer ICO (SB) in Mail Motor Service of Department. Accordingly, the Competent Authority had ordered to constitute a committee for smooth functioning of MMS Naraina. Besides formation of the said committee, the applicant was ordered to be attached to AMPC, Airmail Sorting Division vide order dated 12.09.2022 (Annexure A-I of OA). Moreover, applicant was working as LSG which is a Circle Level cadre who can be posted anywhere in his concerned wing i.e. Postal/RMS in the interest of service, as per Govt. Of India, Ministry of Communications, Department of Posts letter No. 93- 3/2010-SPB-11 dated July 2010.
10. Learned counsel for the respondents submitted that applicant‟s transfer is temporary to another unit and the respondents have not violated any provisions of the policy. The posting of the applicant is on attachment basis till further orders and it is not permanent in nature. Learned counsel for the Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.02.20 respondents submitted that the Ministry of 16:37:57+05'30' 7 Item No.67 (C-V) O.A. No.4151/2023 Communications letter dated 11.02.2022, relied upon by the applicant, does not restrict posting on attachment basis from MMS unit to RMS unit.
11. Learned counsel for respondents further submitted that judgments referred to and relied upon by the applicant do not seem to be relevant in the present facts as the work taken from the applicant is commensurate to his level of deployment and it is well within the authority to train a person by giving practical exposure so that he can learn the practical aspect of the work.
12. We have heard the learned counsel for the parties as well as perused the material available on record.
13. On 12.09.2022, the respondents attached the applicant to Automatic Mail Processing Centre (AMPC), Airmail Sorting Division, New Delhi, until further orders. Applicant belongs to Mail Motor Service Cadre and as per policy dated 11.02.2022 of the respondents, the candidate once allocated to MMS Cadre shall not be subject to transfer outside MMS and it is only in case of promotion or on request, they RACHNA KAPOOR Digitally signed by RACHNA KAPOOR can be considered for posting to another MMS Date: 2026.02.20 16:37:57+05'30' 8 Item No.67 (C-V) O.A. No.4151/2023 Unit/RMS Division. It is also the case of applicant that his work in MMS Cadre is supervisory in nature and in AMPC, the respondents attached the applicant as a Sorting Assistant, which is a lower post.
14. It is understood that transfer is permanent or semi-permanent lateral movement of an employee to a new position with similar pay and status whereas an attachment is a temporary assignment when an employee is sent to a different department, agency, or organization, while retaining their original position/cadre. Attachments are often used for filling temporary vacancies, special project, or, in some contexts, as a form of „administrative attachment‟ after suspension/malfeasance.
15. Malfeasance means the intentional doing of something illegal or wrong especially by a public official causing harm and involving serious misconduct like bribery, embezzlement or fraud. From the perusal of para 1 to 6 mentioned under head "Preliminary Submissions/Objections" of the counter affidavit of the respondents, it is understood that the attachment order dated 12.09.2022 is the result of report of committee constituted by the competent Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.02.20 16:37:57+05'30' 9 Item No.67 (C-V) O.A. No.4151/2023 authority to consider and actively control the overall functioning of the MMS, Naraina.
16. A „colourable exercise of power‟ is a legal doctrine which denotes that what cannot be done directly, cannot be done indirectly.
17. It is not the case of respondents that any departmental proceeding/disciplinary proceeding is ever initiated against the applicant for his alleged act or omission or commission said to be committed by him during his service tenure while he was posted at MMS Naraina for any violation of the service Rules. However, perusal of para 1 to 6 of the counter affidavit under head of Preliminary Submissions/Objections, it is understood that the respondents arrived on a conclusion that the applicant‟s work was not satisfactory and due process was not being followed in MMS Naraina.
18. The administrative power is to be exercised according to rules, bonafide and the administrative exigencies. Malafide will take within its sweep arbitrary or colourable exercise of power and other element which goes to establish non-existence of a RACHNA KAPOOR Digitally signed by RACHNA KAPOOR real administrative exigency. It appears that the Date: 2026.02.20 16:37:57+05'30' 10 Item No.67 (C-V) O.A. No.4151/2023 impugned order of attachment is used as a cloak for punishment and the same is amounting to be a malafide exercise of power. The reason is obvious. Punishment is imposed on an employee for misconduct, if there are allegations of misconduct against an employee, the proper course is to take steps for initiating disciplinary proceedings. The attachment of the applicant cannot be in the interest of good administration for the simple reason that there will be a possibility of commission of further misconduct by him at the attachment place and also because he escapes the penal sanctions which have been enumerated/prescribed in service law in the public interest. In such circumstances, the attachment of applicant is to favour him, rather than department.
19. According to the policy dated 11.02.2022 framed by the respondents, the transfer of applicant outside the MMS cadre can be done only in case of promotion or his own request. Applicant was neither promoted at the time of his attachment in AMPC, nor has he made any request in this regard. Moreover, applicant‟s status in MMS cadre was supervisory in Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.02.20 nature while work of sorting assistant in the AMPC is 16:37:57+05'30' 11 Item No.67 (C-V) O.A. No.4151/2023 lower in nature. It is settled law that the power of transfer cannot be exercised to reduce the status and position of the employee transferred. The Hon‟ble Supreme Court in Vice Chancellor Lalit Narain, Mithila University Vs.Dayanand Jha (1986) 3 SCC 7 has held as under:-
"...The true criterion for equivalence is the status and the nature and responsibility of the duties attached to the two posts. Although the two posts of Principal and Reader are carried on the same scale of pay, the post of Principal undoubtedly has higher duties and responsibilities. Apart from the fact that there are certain privileges and allowances attached to it, the Principal being the head of the college has many statutory rights, ..."
20. In view of the above discussion and analysis, the present OA is allowed with the following directions :
(i) Orders dated 12.09.2022 and 04.12.2023 are quashed and set aside and the respondents are directed to post the applicant in Mail Motor Service Cadre within eight (8) weeks from the date of receipt/production of a certified copy of this order.
(iii) All Pending MAs, if any, shall stand disposed of.
There shall be no order as to costs.
(Rajveer Singh Verma) Digitally signed by Member (J) 'rk' RACHNA KAPOOR RACHNA KAPOOR Date: 2026.02.20 16:37:57+05'30'