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Judgment
O R D E R
Per: Mr. Anindo Majumdar, Administrative Member:
The applicant has approached this Tribunal under section 19 of the Administrative Tribunal Act, 1985 praying for the following relief(s):
“a)An order do issue directing the Respondents to take immediate and appropriate steps for repatriation/reversion of the Applicant from Dakshin Hazipur S.O. under the jurisdiction of Baruipur Division to Kolkata GPO under the control of Respondent No. 5, and further directing the Respondents to act strictly in accordance with law and in a fair, non-discriminatory and equitable manner.
b)An order do issue directing the Respondents to extend to the Applicant the Central Administrative Tribunalsame and identical benefits which have already been extended to similarly situated incumbents whose names appeared in the list of 11 Postal Assistants temporarily attached vide Office Orders dated 08.03.2025, 12.04.2025 and 15.04.2025, namely Avishek Ghosh, Md. Asrarul Haque, Ravishankar Kumar and Sangeeta Poddar, appearing at Serial Nos. 3,9,10 and 11 respectively, by repatriating/reverting the Applicant to Kolkata GPO, in the interest of fairness, equality and non-discrimination.
c)Office Order being No. G-3/A/Statistics/PartV (IV) Dated at Kolkata GPO the 08.03.2025 issued by the respondent No. 5, Office order dated 12.04.2025 issued by the respondent No. 5 and the Office Order being No.B-1/Staff Arrangement/BRP Dn/2025 dated 15.04.2025 issued by the respondent No. 6 with respect to applicant to the extent of temporarily attaching him is not tenable in the eye of law and as such the same may be quashed;
d)To grant all consequential benefits;
e)To Call for the records;
f)Costs and incidentals;
g)Any other order or orders as the Hon’ble Tribunal deems fit and proper.”
2. Facts of the case
The applicant was appointed as an Postal Assistant under the respondents being selected through the Staff Selection Commission Combined Higher Secondary Level, 2015 examination and was initially posted in Contai Division. Subsequently during the year 2023 on his own request, he was transferred and posted to Kolkata GPO.
Respondent no. 5, i.e, the Sr. Deputy Director PO (Admin) issued an order dated 08.03.2025 for re-deployment of 50 Postal Assistants from Kolkata GPO to Baruipur Division.
The applicant was attached to the Baruipur Division vide office memo dated 12.04.2025 (Annexure A/3) issued by Kolkata GPO along with other Postal Assistants who had been re-deployed in Baruipur.
2.4 Central Administrative TribunalBeing aggrieved by the order of the temporary attachment, the applicant had submitted representation before the competent respondent authority dated 06.01.2026 requesting the competent respondent authority for termination of temporary attachment to Baruipur Division & revert back to parent Division i.e. Kolkata GPO.
Receiving no response from the respondent authority regarding the representation, the applicant had filed the instant Original Application.
Hearing
Heard Ld. Counsel for both the parties and considered the material on record.
At hearing, Ld. Counsel for the applicant submitted that two Postal Assistants, namely Shri Ravishankar Kumar and Ms. Sangeeta Poddar were repatriated vide order dated 20.04.2026 from Baruipur to Kolkata GPO.
Ld. Counsel for the applicant further submitted that this Tribunal in O.A./350/0318/2026 and O.A./350/0124/2026 had directed the Respondent no. 5 to revert/repatriate two applicants in the said Original applications, namely Md. Asrarul Haque and Shri Abhishek Ghosh to Kolkata GPO and in compliance of the said orders, Md. Asrarul Haque and Shri Abhishek Ghosh were repatriated to Kolkata GPO vide office order dated 14.05.2026.
Ld. Counsel for the applicant further submitted that the applicant is similarly placed as Md. Asrarul Haque and Shri Abhishek Ghosh and ought to be also repatriated from Baruipur Division to Kolkata GPO.
Ld. Counsel for the applicant further submitted that the respondents have also repatriated two more Postal Assistants, namely Shri Rajib Majumder and Subhagata Das vide order dated 30.06.2026 from Baruipur to their parent Division, i.e, Kolkata GPO.
Ld. Counsel for the applicant further submitted that the respondents have also repatriated one more applicant Postal Assistant, namely Shri Krishnagopal Das, vide order dated 13.08.2026 from Baruipur Division to their parent Division, i.e. Kolkata GPO w.e.f. 16.08.2026. He placed a copy of the order dated 13.08.2026, which was taken on record.
At hearing, Ld. Counsel for the respondents reiterated the averments made by the respondents in their reply to the Original application.
In addition, Ld. Counsel for the respondents made the following submissions:-
The Respondent Department had conducted a review of the establishment of Kolkata GPO and Baruipur Divisions and the said review revealed that Baruipur Division needed an additional 98 Postal Assistants over and above the existing strength. Further, it was found that there was an excess of 50 posts of Postal Assistants at Kolkata GPO. Accordingly, an order was issued by the competent respondent authority abolishing 50 posts of Postal Assistant at Kolkata GPO and for simultaneous creation of 50 posts in Baruipur Division vide memo dated 24.02.2025.
After the decision to abolish 50 posts of Postal Assistant was taken, the junior most Postal Assistants as per the seniority list in Kolkata GPO were re-deployed to the Baruipur Division on attachment basis.
11 Postal Assistants who could not be accommodated in Kolkata GPO, were sent to Baruipur Division vide letter dated 08.05.2025 on attachment basis by protecting their pay and keeping them in the rolls of Kolkata GPO.
There is no vacant post of Postal Assistant in Kolkata GPO at present and until a clear vacancy arises, all the 11 officials are required to continue to be attached in Baruipur Division.
Discussion and Findings
We find that the following Postal Assistants of Kolkata GPO in order of seniority were attached to Baruipur Division vide order dated 08.03.2025:-
| Sl. No. | Name of the Officials |
| 1 | Prakash Gaurav |
| 2 | Krishnagopal Das |
| 3 | Abhishek Ghosh |
| 4 | Krishnendu Das |
| 5 | Rajib Majumder |
| 6 | Angan Pandey |
| 7 | Souvick Karmakar |
| 8 | Subhagata Das |
| 9 | Md. Asrarul Haque |
| 10 | Ravishankar Kumar |
| 11 | Sangeeta Poddar |
All the above officials were attached to Baruipur Division on temporary basis.
We find that the name of the applicant figures at Sl. No. 1 of the above list. We also find that the respondents have, in the meantime, on their own accord reverted the Postal Assistants figuring at Sl. No. 5, 8, 10 and 11 back to Kolkata GPO from Baruipur. Further, on the basis of orders dated 20.04.2026 of this Tribunal, Postal Assistants at Sl. No. 9 and 3 have also been reverted back from Baruipur Division to Kolkata GPO.
Although the respondents have taken the ground that there is no vacancy at Kolkata GPO, they have themselves reverted two of the most junior most Postal Assistants, namely Ravishankar Kumar and Ms. Sangeeta Poddar figuring at Sl. No. 10 and 11 of the above list from Baruipur Division to Kolkata GPO. The respondents have also reverted Shri Rajib Majumder and Subhagata Das who are junior to the applicant to Kolkata GPO, vide their order dated 30.06.2026. The respondents have also repatriated one Shri Krishnagopal Das, Postal Assistant from Baruipur Division to Kolkata GPO, vide order dated 13.08.2026.
From the above, it appears that the respondent authority has adopted a pick and choose manner with regard to reverting Postal Assistants from Baruipur to Kolkata GPO. Such action on the part of the competent respondent authority is clearly arbitrary and it is clear that the applicant, Shri Krishnendu Das had been discriminated vis-à-vis Shri Krishnagopal Das, Shri Rajib Majumder, Shri Subhagata Das, Ravishankar Kumar and Ms. Sangeeta Poddar.
The ground taken by the competent respondent authority that there is no vacancy in Kolkata GPO cannot be accepted since the respondents have on their own reverted the above named officials who are junior to the applicant from Baruipur Division to Kolkata GPO.
The competent respondent authority is directed to pass appropriate order for reverting the applicant to his parent Division i.e, Kolkata GPO within 07 days from the date of receipt of a certified copy of this order.
With the above observations and directions, the Original application is accordingly allowed without any order as to costs.