w w w . L a w y e r S e r v i c e s . i n



Pankaj Kumar Senior Accountant, Office of the Director of Accounts (Postal) v/s The Union of India, Represented by the Secretary to the Government of India, Ministry of Communication Department of Posts, New Delhi & Others


Company & Directors' Information:- E N COMMUNICATION PRIVATE LIMITED [Active] CIN = U92132DL2005PTC143469

Company & Directors' Information:- T C COMMUNICATION PRIVATE LIMITED [Active] CIN = U74999DL2000PTC105354

Company & Directors' Information:- J J COMMUNICATION PRIVATE LIMITED [Active] CIN = U74300WB1997PTC085828

Company & Directors' Information:- PANKAJ INDIA PRIVATE LIMITED [Active] CIN = U18101DL1996PTC081277

Company & Directors' Information:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- PANKAJ PRIVATE LIMITED [Active] CIN = U29130RJ1985PTC003463

Company & Directors' Information:- T I COMMUNICATION PRIVATE LIMITED [Active] CIN = U51109HP2009PTC031079

Company & Directors' Information:- S B M COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64201WB2010PTC145582

Company & Directors' Information:- P N COMMUNICATION P. LTD. [Active] CIN = U32204DL2001PTC111327

Company & Directors' Information:- A B AND U COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74300MH1997PTC107160

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- K AND D COMMUNICATION LIMITED [Active] CIN = U64120GJ1997PLC031879

Company & Directors' Information:- P & G COMMUNICATION PRIVATE LIMITED [Active] CIN = U74140MH2013PTC251505

Company & Directors' Information:- P J COMMUNICATION PRIVATE LIMITED [Active] CIN = U72900DL2000PTC105416

Company & Directors' Information:- M K COMMUNICATION PVT LTD [Strike Off] CIN = U72900HP2006PTC030292

Company & Directors' Information:- H V COMMUNICATION PRIVATE LIMITED [Active] CIN = U52602DL2009PTC193309

Company & Directors' Information:- A AND A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92132DL2001PTC110975

Company & Directors' Information:- B. M. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100DL2012PTC244419

Company & Directors' Information:- H. K. COMMUNICATION PRIVATE LIMITED [Active] CIN = U64100DL2013PTC255831

Company & Directors' Information:- B R COMMUNICATION PRIVATE LIMITED [Active] CIN = U64203DL2002PTC114477

Company & Directors' Information:- N S N COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100KA2014PTC073757

Company & Directors' Information:- N A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC182901

Company & Directors' Information:- G & D COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64200MP2007PTC019633

    Original Application No. 040/00152 of 2017

    Decided On, 12 December 2018

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER & THE HONOURABLE MR. N. NEIHSIAL
    By, ADMINISTRATIVE MEMBER

    For the Applicant: Adil Ahmed, R.R. Rajkumari, D. Goswami, T. Deka, Advocates. For the Respondents: R. Hazarika, Addl. CGSC.



Judgment Text

Oral Order:

Manjula Das, Judicial Member.

1. This is a remand case from the Hon’ble Gauhati High Court in WP (C) No. 5857/2017 in respect of the applicant who sought for a direction upon the respondents more particularly respondent Nos. 2 & 4 to release him from Assam Postal Circle to Bihar Postal Circle for his Inter-Circle Transfer under Rule 38 of Postal Manual Volume IV as per approval letter dated 09.01.2017.

2. Mr. Adil Ahmed, learned counsel submitted that the applicant is presently working as Senior Accountant in the office of the respondent No. 4. He belongs to Other Backward Class (OBC in short). Learned counsel further submitted that wife of the applicant is also working as Postal Assistant under the respondent No. 3.

3. The learned counsel submitted that applicant has been working continuously since 25.10.2011 and fulfilled the minimum criteria of 6 (six) years continuous service and become eligible for Inter-Circle Transfer as per Rule 38 of P&T Manual Volume-IV.

4. Mr. Ahmed emphasized that earlier representations made by the applicant to transfer him under Bihar Circle, Patna from Assam Circle, Guwahati has been rejected by the respondents.

5. The learned counsel drew the attention of the court to the letter No. Admn.1/Estt/Trf/Rule-38/JA dated …/12/2016, Annexure – A15 to the O.A. whereby the office of the Director of Accounts (Postal), Patna intimated the Office of the Chief Postmaster General, Bihar Circle, Patna that one vacancy in the cadre of Junior Assistant in OBC Category is vacant in his office where the applicant can be accommodated in the office of the Director of Accounts (Postal), Patna. In response to the above letter, the office of the Chief Postmaster General, Bihar Circle, Patna by letter No. Staff/P01/Tr/Acctt/Da (PA)/14 dated 09.01.2017 informed the office of the Chief Postmaster General, Assam Circle, Guwahati about the accommodation of the applicant in the Office of the Director of Accounts (Postal), Patna in Direct Recruitment quota against OBC Category under Rule 38 of Postal Manual Volume IV.

6. The learned counsel further drew the attention of the court to the DoP&T’s O.M. No. 28034/7/86-Estt. (A) dated 03.04.1986, O.M. No. 28034/2/97-Estt.(A) dated 12.06.1997 and O.M. No. 28034/23/2004-Estt. (A) dated 23.08.2004 which provides for posting of husband and wife at the same station to enable them to lead a normal family life and should ensure that such posting is invariably done, especially till their children are 10 years of age.

Mr. Ahmed fairly submitted that applicant’s son is only 3 year old. Therefore, the aforesaid O.Ms are applicable in the case of the applicant.

7. The learned counsel also invited the attention of the court to the O.M. No. F. No. 28034/9/2009 Estt. (A) dated 30.09.2009 which also provides for ‘posting of husband and wife at the same station’.

8. The applicant submitted representations on 03.02.2017 and 14.03.2017 to the Chief Postmaster General, Assam Circle, Guwahati through proper channel praying for reconsideration of his transfer from Assam Circle to Bihar Circle under Rule 38 keeping in view the provisions of Rules of posting of wife and husband at the same station.

9. The learned counsel submitted that in Para 4.19 of the O.A., he has made a positive statement on oath that similarly situated employees like the applicant posted in the office of the Director of Accounts (Postal), Guwahati got the benefits under Rule 38 of P& T Manual Volume IV for Inter-Circle Transfers from Assam Circle, Guwahati to Jharkhand Circle, Ranchi and Assam Circle, Guwahati to West Bengal Circle, Kolkata vide Office Order No. Admn/2-49/2003-04/D-97 dated 19.04.2017 and Office Order No. Admn/4-8/2012/D-137 dated 26.04.2017 issued by the office of the Director of Accounts (Postal) Assam Circle, Guwahati.

10. The learned counsel fairly submitted that in reference to their letter dated 09.01.2017, the respondent No. 3 by letter No. Staff/P-01/Jr.Acctt./DA(P)/2014 dated 02.05.2017 informed the respondent No. 2 about the intimation of Inter-Circle Transfer in respect of the applicant under Rule-38 of Postal Manual Volume IV from Assam Circle to Bihar Circle that he can be accommodated in the office of the Director of Accounts (Postal), Patna in Direct Recruitment Quota against OBC Category. But no memo has yet either issued or received by the Assam Circle, Guwahati.

11. Notice was issued to the respondents on 27.08.2018. At the time of hearing, Mr. R. Hazarika, learned Addl. CGSC representing the respondents has submitted Para wise comments prepared by the respondents. In the Para wise comments, the respondents stated that Assistant Director (Staff), O/o the Chief Postmaster General, Assam Circle, Guwahati has forwarded the application of Rule 38 transfer dated 04.08.2014 of the applicant to the Chief Postmaster General, Bihar Circle, Patna vide his letter dated 20.10.2014. Thereafter, office of the Chief Postmaster General, Assam Circle, Guwahati has issued reminder regarding the issue to the Chief Postmaster General, Bihar Circle, Patna on 12.08.2015. Subsequently, in the letter dated 09.01.2017, Assistant Director (Staff), O/o the Chief Postmaster General, Bih

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ar Circle, Patna has conveyed the possibilities of accommodation in respect of the applicant. 12. In view of the above we direct the respondents more particularly respondent Nos. 2 & 4 to release the applicant from Assam Postal Circle to Bihar Postal Circle for inter circle transfer under Rule -38 of Postal Manual Volume-IV as approved and communicated by respondent No. 3 by letter dated 09.01.2017 and 02.05.2017 at the earliest but not later than two months from the date of receipt of this order. 13. O.A. stands disposed of accordingly with no order as to costs.
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