UNION OF INDIA AND OTHERS Vs. SURYAKANTA PADHI

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India preferred by the Union of India through the Chief Post Master General, Orissa Circle, Bhubaneswar assailing the order dtd.28th March, 2016 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.354 of 2012 whereby and where under the Tribunal, while allowing the original application, has directed the authorities to consider the appointment of applicant to the post of GDSBPM, Panchurukhi B.O. against which he has been working being in-charge as per rules and instructions, subject to fulfillment of other eligibility conditions.

(2.) The case of the opposite party applicant before the Tribunal was that he was appointed provisionally as Gramin Dak Sevak (in short G.D.S.) packer / mail carrier in Baliapal Sub-Office (in short S.O.) under Jaleswar Head Office with effect from 02.04.2001 vide order dtd.26.3.2001 issued by the Inspector of Post Offices, Jaleswar West Postal Sub-Division.

(3.) The case of the authorities before the Tribunal was that the circular dtd.12.9.1988 having lost its force, the day when the Service Rules for Postal Gramin Dak Seva came into force i.e. with effect from 24th April, 2001 wherein the provision has been made regarding the persons holding the post of Extra Departmental Agents under the Posts and Telegraphs ExtraDepartmental Agents (Conduct and Service) Rules, 1964 (herein after referred to as the Rules, 1964) on regular basis on the date of commencement of these rules shall be deemed to have been appointed to and hold the posts of Gramin Dak Sevaks in accordance with the provisions of these rules, one of the conditions there is at sub-rule (iv) of the NOTE (II) that a Sevak shall not be eligible for transfer in any case from one post / unit to another post / unit except in public interest and the public interest has been defined under the provision of amended Rule 3 of the G.D.S. (Conduct & Employment) Rules, 2001 (herein after referred to as the Rules, 2001) which contains provision that the transfer facility to G.D.S. from a post / unit can only be passed on the following grounds:-