Prakash gaurav vs POSTS
- Court
- Central Administrative Tribunal
1 o.a. 350.00861.2026
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/00861/2026 Heard on 24.08.2026
Date of order: 01.09.2026
Present : Hon’ble Smt. Urmita Datta (Sen), Judicial Member
Hon’ble Mr. Anindo Majumdar, Administrative Member
Prakash Gaurav, Son of Om Prakash, aged about
36 years, By Occupation- Postal Assistant,
Kolkata GPO, now posted on attachment basis
at Diamond Harbour Head Office under the
jurisdiction of Baruipur Division, residing at
Village- Gabra Par, Hilsa, Post Office- Hilsa,
Nalanda, PIN- 801302, Bihar.
…… Applicant.
- V E R S U S –
1. Union of India, Service through the Secretary,
Ministry of Communication & IT, Department of
Posts, Dak Bhawan, Sansad Marg, New Delhi-
110001.
2. The Chief Post Master General, West Bengal
Circle, Yogayog Bhavan, Chittaranjan Avenue,
Kolkata- 700012.
3. The Post Master General, Kolkata Region,
West Bengal Circle, Yogayog Bhavan,
Chittaranjan Avenue, Kolkata- 700012.
4. The Assistant Director of Postal Services,
Office of the Post Master General, Kolkata
Region, West Bengal Circle, Yogayog Bhavan,
Chittaranjan Avenue, Kolkata - 700012.
5. The Sr. Deputy Director PO (Admin) (earlier
designated as Deputy Director PO (Admin)],
Kolkata GPO, Kolkata- 700001.
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b
DhanuRam 6505515, PostalCode=700020, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a 0a70d71, CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.09.02 17:11:49+05'30'
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2 o.a. 350.00861.2026
6. The Superintendent of Post Offices, Baruipur
Division, Baruipur, Kolkata- 700144.
………. Respondents.
For the Applicant : Mr. Sayan Roy, Counsel
For the Respondents : Mr. K.K. Ganguly, Counsel
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
same 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. ”
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b
DhanuRam 6505515, PostalCode=700020, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a 0a70d71, CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.09.02 17:11:49+05'30'
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3 o.a. 350.00861.2026
2.
Facts of the case
2.1 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.
2.2 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.
2.3 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 Being 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.
2.5 Receiving no response from the respondent authority regarding the
representation, the applicant had filed the instant Original Application.
Hearing
3. Heard Ld. Counsel for both the parties and considered the material on
record.
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b
DhanuRam 6505515, PostalCode=700020, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a 0a70d71, CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.09.02 17:11:49+05'30'
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4 o.a. 350.00861.2026
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. At hearing, Ld. Counsel for the respondents reiterated the averments
made by the respondents in their reply to the Original application.
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b
DhanuRam 6505515, PostalCode=700020, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a 0a70d71, CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.09.02 17:11:49+05'30'
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5 o.a. 350.00861.2026
10. In addition, Ld. Counsel for the respondents made the following
submissions:-
10.1 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.
10.2 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.
10.3 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.
10.4 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
11. 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:-
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b
DhanuRam 6505515, PostalCode=700020, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a 0a70d71, CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.09.02 17:11:49+05'30'
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6 o.a. 350.00861.2026
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
12. All the above officials were attached to Baruipur Division on temporary
basis.
13. 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.
14. Although the respondents have taken the ground that there is no
vacancy at Kolkata GPO, they have themselves reverted two of the most junior
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b
DhanuRam 6505515, PostalCode=700020, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a 0a70d71, CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.09.02 17:11:49+05'30'
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Hansda
7 o.a. 350.00861.2026
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.
15. 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.
16. 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.
17. 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.
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b
DhanuRam 6505515, PostalCode=700020, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a 0a70d71, CN=DhanuRam Hansda
Reason: I am the author of this document Location:
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8 o.a. 350.00861.2026
18. With the above observations and directions, the Original application is
accordingly allowed without any order as to costs.
(Anindo Majumdar) [Urmita Datta (Sen)]
Administrative Member Judicial Member
Drh
Digitally signed by DhanuRam Hansda
DN: C=IN, O=Central Administrative Tribunal, OU=Department of
Personnel and Training, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b
DhanuRam 6505515, PostalCode=700020, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a 0a70d71, CN=DhanuRam Hansda
Reason: I am the author of this document Location:
Date: 2026.09.02 17:11:49+05'30'
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Hansda