(CAT/AHMEDABAD BENCH/OA No.

336/2020) 1

CENTRAL ADMINISTRATIVE TRIBUNAL

AHMEDABAD BENCH
Original Application No.336/2020
Dated this the 12th day of November 2020
Date of Reserve: 02.11.2020
Date of Pronouncement: 12.11.2020
CORAM:
Hon’ble Sh. Jayesh V. Bhairavia, Member (J)
Hon’ble Dr. A.K. Dubey, Member (A)
1. Shri Shashikant Ishwarbhai Parmar,
S.I. Parmar, Aged about 56 years,
S/o. Shri Ishwarbhai Parmar,
Sorting Assistant, R.M.S.,Nadiad,
Branch Secretary, Group-C,
National Federation of Postal Employees,
Representing Employees of R.M.S., Nadiad,
District Kheda (Gujarat) – 387 001.

2. Shri Kalpeshkumar Piyushbhai Parmar,

K.P.Parmar, Aged about 49 years,
S/o.Shri Piyushbahi Parmar,
Sorting Assistant, R.M.S.Nadiad,
Branch Secretary, Group-C,
National Federation of Postal Employees,
Representing Employees of R.M.S., Nadiad,
District Kheda (Gujarat) – 387 001.
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3. Shri Dineshbhai Kalidasbhai Rathod,

Shri D.K.Rathod, Aged about 56 years,
S/o. Shri Kalidas Rathod,
MTS, R.M.S. Nadiad,
Branch Secretary, Group-D,
National Federation of Postal Employees,
Representing Employees of R.M.S., Nadiad,
District Kheda (Gujarat) – 387 001.

(By Advocate Mr.M.B.Navani)

Vs.

1. Union of India Through Secretary/Director General,

Department of Posts, Dak Bhavan,
Parliament Street, New Delhi – 110 001.

2. The Chief Post Master General,

Gujarat Circle, Ahmedabad – 380 001.

3. The Asst. Director of Postal Service (mails)

O/o the Chief Post Master General,
Gujarat Circle, Ahmedabad – 380 001.

(By Advocate Mr.H.D.Shukla)

ORDER
Per Dr. A K Dubey, Member (A)

1. This O.A. has been preferred by the applicants against the

order No.ESTA/10-311/NADIAD RMS/2019-20 dated AHD

21.09.2020 issued by the Department of Posts on merger

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of Nadiad RMS with Anand RMS and consequent

proposal for re-deployment of various cadres mentioned

therein as also instructions with regard to mail

arrangements. The relief sought by the applicants are as

under:-

“(i) May be pleased to admit and allow the Present

Original Application.
(ii) May be pleased to direct the respondents for
resumption of functioning of RMS Nadiad with
immediate effect by quashing and set aside the
impugned order dated 21.09.2020 (ann.A-1) and by
granting interim relief to the applicants in large
public interest as well as employees of the RMS
Nadiad in the light of OM dated 19.04.2020,
06.05.2020 and 19.05.2020 of the Directorate New
Delhi for holding of transfer of the staff due to
COVID-19 and Respondent No.2 be please
instructed for maintaining the RMS office at Nadiad
as per directions of the D.G. Post for maintaining the
RMS office in each and every district of the state.
(iii) May be pleased to grant such other and further
suitable relief as deemed appropriate.”

2. The applicants have also prayed for an interim relief

seeking direction from the respondents for maintaining the

RMS Office at Nadiad by quashing and setting aside the

impugned order (Annex.A/1) and consequent transfer of

employees of RMS, Nadiad.

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3. While admitting this O.A., this Tribunal directed the

respondents by way of interim relief to maintain status-quo

as on 29.09.2020 qua the applicants.

4. The applicants are working as Sorting Assistants at RMS,

Nadiad and are also office bearers of National Federation

of Postal Employees and they have stated that they are

also representing the staff of 28 employees of RMS,

Nadiad. The main averments of the applicants are that the

respondents have not taken into account the hardship likely

to be faced by the public at Nadiad in receiving the mails

and other postal articles as also the hardship to be faced by

the 28 employees working in the RMS, Nadidad.

Consequent upon the closure of RMS, Nadiad and its

merger with RMS Anand w.e.f 01.10.2020, applicants have

also argued that they had given a joint memorandum to the

Post Master General Vadodara, explaining their difficulties

and hardship faced by the public at Nadiad and entire

Kheda District and the hardship to be faced by the

employees of RMS, Nadiad. They contended that the

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P.M.G., Vadodara had not considered these points. The

applicants have further referred to the respondents’

Directorate O.M. No.X-12/1/2019-20-SPNII dated

17.04.2020 (Annex.A/4) wherein it was specifically directed

that the rotational transfer would be kept on hold till further

orders due to COVID-19 epidemic situation in the country.

They argued that in this backdrop, the merger and

consequent declaration of staff of RMS, Nadiad as surplus

and their consequent deployments with RMS Anand was

violative of this O.M. Applicants have referred to another

O.M. No.4-9/2011-SPG(Pt) dated 06.05.2020 (Annex.A/5)

wherein it was decided that pursuant to the order dated

17.04.2020, all transfers and posting of Group A & B

gazetted officers in the circles would be kept on hold till

further orders, and hence, closure of RMS, Nadiad and

detailing the officials and staff to another RMS was violative

of this order. Applicants have also stated that vide O.M.

No.12-1/2019-SBP-II (Part I) dated 19.05.2020

(Annex.A/6), guidelines for tenure transfer for the year

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2020-21 to ensure economy in expenditure under TA/TP

were issued, according to which, if transfers as per these

guidelines were not possible, tenures could be extended till

31.03.2021 or until further orders. However, the above

merger was violative of this order too, applicants averred.

5. The applicants further stated that while taking decision of

closure of RMS, Nadiad, the respondents had violated the

O.M. of the Directorate regarding maintaining RMS office in

each and every district of the State. The applicants also

argued that with the merger of Nadiad, RMS with RMS,

Anand, mail and postal articles for Nadiad and Kheda

district would have to be sorted out at Anand and would

have to be taken by road to Nadiad which would create

hardship to the public of Nadiad and indeed the entire

Kheda district, resulting in late delivery of mail and postal

articles.

6. Respondents have filed their reply. In their reply,

respondents have argued that RMS, Nadiad being Level-2

 (CAT/AHMEDABAD BENCH/OA No.336/2020) 7

office was only for registered and first class ordinary mails;

service related to speed post, delivery parcel etc. for Kheda

district was already handled by RMS, Anand which was a

Level-1 RMS. Vide policy decision of the Directorate

General of Posts, only Level-1 office can handle the bags

for other states and foreign countries, as a result of which,

all the mails like speed post, registered parcel, foreign

articles pertaining to other states and foreign countries are

all routed through RMS Anand anyway. It was with a view

to reduce the expenditure on infrastructure and to avoid

double handling of mail bags (speed post, register, parcel

etc.) that it was decided to merge RMS, Nadiad with RMS,

Anand. Department has already made necessary

arrangements for speedy delivery of mail and postal

articles. The respondents have also argued that merger

approved in the impugned order was in accordance with

the rules and regulations and within the administrative

powers of the department.

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7. The respondents have also refuted the contention of the

applicants that consequent upon the above merger, costs

would go up and postal services would be delayed.

Instead, they have contend, they would be reducing the

cost of double establishment and also reduce the double

handling of mails which would result into delivery of articles

at the door step of customers more speedily. Regarding

hardship to be faced by the employees, the respondents

have stated that the distance between RMS, Nadiad and

RMS Anand is hardly 19 kms. Respondents have also

argued that the applicants had tried to mislead this Tribunal

by claiming that the cadre of RMS was not a transferable

cadre, which was factually incorrect. Vide Directorate

General, Memorandum No.12-6/2003-D dated 28.11.2003,

Head of Circle is competent to redeploy/abolish Group C

and D posts on such mergers. (Annex.R/1). Respondents

have also placed on record the schedule of administrative

delegation (Annex.R/2). Respondents have further averred

that the applicants were trying to take shelter under the

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instruction regarding rotational transfer whereas in this

particular case, the applicants were transferred as a result

of redeployment due to merger which was purely in public

interest and on administrative grounds and that was not a

tenure transfer where the instruction of rotational transfer

would apply. They have also argued that the Guidelines for

Tenure Transfer for the year 2020-21 to ensure economy in

expenditure under the TA/TP have also been referred

wrongly by the applicants, because the sole purpose of this

guidelines was to ensure savings of expenditure since

there would be a budget cut in COVID-19 pandemic year.

The respondents have therefore, contended that these

instructions have no nexus with the merger case; the

respondents were re-deployed consequent upon merger

which evidently was not a rotational transfer.

8. The applicants have submitted the rejoinder to the reply in

which they have reiterated and elaborated their contention

already made in the O.A. They have also refuted the

contention of the respondents that RMS cadre is

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transferable. This contention is based on the interpretation

of the provision on page 43, Schedule7 of the Postal

Manual Volume-III which says is the N.B. that the transfer

of any P.O or R.M.S. official below the Lower Selection

Grade should be made to a Division the actual posting of

the official within the division being left to the Divisional

Superintendent.

9. Applicants have also quoted the instructions of Page 44

Schedule 8 of the Postal Manual, Volume III contending

that the Power to transfer Non Gazetted Official to another

but identical cadre and grade within the Circle for

administrative reasons. In their rejoinder, the applicants

have alleged malafide on part of authorities and misuse of

power delegated to them by violating the O.M. dated

28.11.2003.

10. The respondents have filed their sur rejoinder reiterating

the grounds and the stand already taken and mentioned in

their reply. In the sur rejoinder respondents have

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contended that the applicants have wrongly interpreted the

letter dated 28.11.2003 and had tried to mislead this

Tribunal by their wrong interpretation. They have submitted

that the RMS Nadiad which is of Level 2, in any case was

dealing with only a few registered and ordinary postal

articles within Gujarat; speed post, parcel etc. which were

meant for abroad, are processed at RMS, Anand only.

They have again submitted that the merger was an

administrative decision and within the administrative

powers of the department and the decision was taken by

the competent authority. The merger and resultant re-

deployment was ordered, and accordingly, the employees

and staff of RMS, Nadiad were deployed at RMS, Anand

which is only 19 kms from Nadiad.

11. Heard the counsel for the applicants Mr.M.B.Navani and

the counsel for the respondents Mr.H.D.Shukla.

12. The facts that have emerged from the records placed

before us and the submissions and contentions made

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before us clearly establish that the RMS, Nadiad is a Level-

2 office which is empowered to deal only with certain postal

items and functions; the remaining ones, particularly postal

articles and speed post or registered posts meant for other

places out of Gujarat and abroad are even now handled by

RMS, Anand. It is also clear that the difference between

RMS Nadiad and RMS Anand is 19 kms. Respondents

have also been able to clearly establish that the decision to

merge RMS, Nadiad with RMS, Anand was duly mandated

by the administrative powers and the extant instructions in

this regard. It is clear that the respondents have taken a

purely administrative decision based their professional

consideration in merging RMS, Nadiad with RMS, Anand.

This decision was not ultra vires their powers; it was infact

towards compliance with the instructions about the

reduction in expenditure. We see that the respondents

have not been able to know their likely hardship that the

RMS, Nadiad employees may have to face on such

redeployment; they have merely mentioned that the

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distance between two places is only 19 kms. At any rate,

this is an administrative decision, which has been taken by

the respondent department within its own power and

authority. The applicants have not been able to establish

anything in particular to show that they have been

discriminated against or the decision was ultra vires the

powers of the respondents or the decision of merger was

an example of colourable exercise of power. We are of the

considered opinion that this being a purely administrative

issue, the decision of merger of RMS, Nadiad with RMS

Anand does not deserve our intervention. The applicants

have relied on the instruction of withholding of the rotational

transfer due to COVID-19 pandemic this year. But the

respondents have able to establish that this transfer is by

way of re-deployment consequent upon merger of RMS

Nadiad with RMS Anand and it is not a rotational transfer

per se.

13. After going through the documents and records placed

before us and hearing the arguments of both sides as also

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going through the instructions of the department, we are of

the considered opinion that the case of the applicants lack

merit and this is not a fit case where this Tribunal should

intervene. We therefore, dismiss this O.A. The M.A.

No.316/2020 in this O.A. for joint application has already

been allowed. The interim order to maintain status-quo

also stands vacated. No order as to Cost.

A.K.Dubey Jayesh V. Bhairavia

(Administrative Member) (Judicial Member)

SKV