UNION OF INDIA Vs. B. GOPALAKRISHNAN UNNITHAN

JUDGEMENT

(1.) THE writ petition is filed by the respondents in O.A.No.724/2010 of Central Administrative Tribunal (CAT) challenging the order dated 21/02/2012. Respondent herein is the applicant in the O.A.

(2.) FACTS of the case disclose that the applicant, while working as GDSMD at Kokkottukonam requested for a transfer on medical grounds. According to him, the regular Gramin Dak Sevak Branch Post Master (GDS BPM) at Kokkottukonam GDS BO died on 17/03/2009 and the said post became vacant. The petitioner submitted a representation for transfer to the said post as the applicant was not in a position to discharge the duties of GDSMC. The applicant was diagonised with cardiac complaint and started getting treatment at Medical College Hospital, Thiruvananthapuram. In the meantime, the 2nd respondent's office called the applicant and orally enquired whether he is willing to work on the lower TRCA in the post of BPM. The applicant had given his consent in writing. Thereafter, he was advised a by pass surgery for his cardiac problems and he was awaiting his turn at the Government Hospital. It is, at this point of time that Annexure A1 notice is issued by the department requesting the applicant to submit an application for appointment to the post of GDS BPM at Kokkottukonam GDS BO on a TRCA of Rs.2745 - 50 -4245.

(3.) BEFORE the Tribunal, petitioners contended that there is no provision for transfer except on the strength of order dated 17/07/2006 produced as Annexure R1 and in so far as transfer is to a post on lower TRCA since Courts have held that TRCA drawn has to be protected, a decision was taken by the respondents to give transfer to the GDS only to posts having the same TRCA drawn by them at the time of transfer. Request of the applicant was thus rejected and the decision of the Chief Post Master General was communicated to the IP of Attingal Sub Division.