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Shyamal Dutta v/s Union of India Through the Secretary Ministry of Communication Dak Bhawan, New Delhi & Others


Company & Directors' Information:- TO THE NEW PRIVATE LIMITED [Active] CIN = U72900DL2006PTC235208

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:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

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:- H K DUTTA & COMPANY PVT LTD [Active] CIN = U36911WB1994PTC066006

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

Company & Directors' Information:- R D DUTTA AND CO PRIVATE LIMITED [Active] CIN = U74899DL1982PTC014209

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:- B L AND CO NEW DELHI PRIVATE LIMITED [Active] CIN = U74899DL1968PTC004910

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

Company & Directors' Information:- G. DUTTA LTD. [Under Liquidation] CIN = U99999MH1949PLC007247

    Original Application No. 045/00199 of 2020

    Decided On, 18 November 2020

    At, Central Administrative Tribunal Guwahati Bench Guwahati

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

    For the Applicant: V. Kumar, Advocate. For the Respondents: R. Hazarika, Addl. CGSC.



Judgment Text

Manjula Das, Member (J)Oral:This matter has been taken up through video conferencing.2. By this O.A., applicant prays the following reliefs:-“8(i) To direct the Respondent No. 3 i.e. the Director of Postal Services, Arunachal Division to relieve the applicant for joining at North Lakhimpur HO, under Dibrugarh Division, Assam Circle without further delay.8.(ii) To direct the Respondent No. 2 i.e. the Chief Post Master General (Staff), North East Circle, Shillong i.e. Respondent No. 2 to approve the inter circle transfer of the applicant to Dibrugarh Division, under Assam Circle without further delay.8.(iii) To direct the Respondent No. 3, i.e. the Director of Postal Services, Arunachal Division to release the applicant for joining at North Lakhimpur HO, under Dibrugarh Division, Assam Circle after receiving the approval from the Respondent – (2) without further delay.8.(iv) It is further prayed that the respondent authorities may be directed to take all steps for relieve of the applicant under Rule-38 of P & T Manual Vol. IV to North Lakhimpur HO, under Dibrugarh Division Assam Circle, Assam from Arunachal Pradesh Division, under North East Circle, Shillong without further delay.8.(v) Any appropriate Order of Direction to give full and effective relief’s to the applicant.”2. Sri V. Kumar, learned counsel appearing for the applicant submits that applicant joined the postal services as E.D. Messenger in the year 1991. Thereafter, in the year 1996, he qualified for promotion to the cadre of Postman and accordingly, after qualifying in the Departmental Examination, in the year 2003, he was promoted to PA Cadre and posted to Along MDG. On 17.05.2004, he was sent on deputation to hold charge of SPM at Tuting, SO. Subsequently, deputation to Tuting, SO was treated as regular transfer. On 19.06.2007, applicant was transferred from Tuting SO to Divisional Office, Itanagar as SO against vacant post. On 22.02.2008, applicant was transferred to Likabali SO as SPM from Divisional Office, Itanagar. Then on 15.07.2011, he was transferred to Itanagar HO. Again on 02.05.2019, applicant was transferred from Itanagar HO to Roing SO as PA.3. Sri Kumar further submits that on 04.11.2019, applicant was again ordered to proceed to Anini to facilitate official to avail the earned leave. But due to illhealth, he couldn’t able to complied with the said order dated 04.11.2019. For non-compliance of the office order dated 04.11.2019, he was placed under suspension vide order dated 13.11.2019 and subsequently, vide order dated 16.01.2020,his suspension order was revoked and he was temporarily transferred and posted as Sub-Postmaster, Changlang, S.O. against leave vacancy. The applicant joined at Roing S.O. as P.A. but after five days of joining there at Roing S.O., he was deputed to work as P.A. (Sub- Account) Itanagar H.O. vide order dated 12.02.2020. According to Sri Kumar, till 16.05.2020, applicant was working as P.A. (Sub-Account) at Itanagar H.O. and on release from Itanagar H.O., he joined at Roing SO on 18.05.2020 and till date, he is working as P.A. at Roing SO.4. Sri Kumar further submits that in the year 2012 while the applicant was posted at Itanagar HO, he had applied for inter circle transfer under Rule 38 of the P & T Manual Vol. IV from Arunachal Pradesh Division under N.E. Circle to Dibrugarh/Darrang Division, under Assam Circle and the same was duly forwarded from the office of the respondent No. 3 i.e. the Director of Postal Services, Arunachal Pradesh Division to the office of the respondent No. 2 i.e. the Chief Postmaster General (Staff), NE Circle vide letter No. B-3/IC/Rule-38/S. Dutta dated 01.03.2012. According to Sri Kumar, same was forwarded from the office of the Chief Postmaster General (Staff), NE Circle to Assam Circle for approval. Subsequently, on 02.12.2015, the office of the Chief Postmaster General, Assam Circle, vide Memo No. Staff/17-Rule 38 Register/2015 conveyed the approval for inter circle transfer of the applicant under Rule 38 of P & T Vol. IV from Itanagar HO, under AP Division to Dibrugarh Division, Dibrugarh and in pursuance to the said approval, the respondent No. 5 i.e. the Superintendent of Post, Dibrugarh Division, Dibrugarh issued applicant’s transfer and posting order vide No. B- 4/Corr/Ch VIII dated 24.12.2015 from Itanagar HO, under AP Division to North Lakhimpur HO, under Dibrugarh Division, Dibrugarh. However, inspite of the approval order of the Chief Postmaster General, Assam Circle as well as transfer and posting order of the Superintendent of Post, Dibrugarh Division, Dibrugarh, applicant was not released. Being aggrieved for nonreleasing, applicant submitted a representation before the respondent No. 3 on 22.05.2017 for his early release.5. Sri Kumar highlighted the case of one incumbent namely Smt. Bidyarani Devi, PA, SPM, Daparjio of A.P. Division and submitted that although said Smt. Bidyarani Devi was junior to the applicant who joined the postal services as Postal Assistant only on 08.07.2016, however, her case for Inter-Circle was considered vide order dated 26.02.2018 and accordingly, vide order dated 24.03.2018, she was relieved under Rule 38 of P & T Manual Vol-IV. Being aggrieved, applicant had again submitted representations before the respondent Nos. 2 & 3 on 03.08.2019 to relieve him under Rule 38 of the P & T Manual Vol. IV. However, till date, respondent authorities have not considered his representations.6. Learned counsel further submits that without any reasonable cause, arbitrarily and unfairly, the respondent authorities have not released the applicant under Rule 38 of the P & T Manual Vol. IV inspite of the approval order of the Chief Postmaster General, Assam Circle as well as transfer and posting order of the Superintendent of Post, Dibrugarh Division, Dibrugarh long back in the year 2015 whereas the respondent Nos. 2 & 3 have already released some of the Postal Assistant working under the Director Postal Services, A.P. Division, under Rule 38 of the P & T Manual Vol. IV who were rather junior to the applicant. Accordingly, learned counsel prays for consideration of applicant’s case by releasing him at early in terms of approval dated 02.12.2015 issued from the office of the Chief Postmaster General, Assam Circle as well as transfer and posting order dated 24.12.2015 issued from the office of the Superintendent Posts, Dibrugarh Division, Dibrugarh.7. On the other hand, Sri R. Hazarika, learned Addl. CGSC appearing on behalf of the respondents submit that vide office order dated 13.11.2019, he w

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as placed under suspension which was subsequently revoked vide order dated 16.01.2020. However, case of the applicant will be considered as and when vacancy arises.8. By considering the submissions made by the learned counsel for both parties, without expressing any opinion on merit, we hereby direct the respondent authorities more particularly respondent No. 2/3 to consider the case of the applicant by implementing their order dated 02.12.2015 in respect of the applicant, by posting him at North Lakhimpur HO under Dibrugarh Division within a period of three months’ from the date of receipt copy of this order.9. With the above directions, O.A. stands disposed of at the admission stage.10. There shall be no order as to costs.
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