Atulkumar B Solanki vs DEPARTMENT OF POSTS

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Item No.31/ C-IV O.A. No. 4047/2025

Central Administrative Tribunal
Principal Bench: New Delhi

O.A. No.4047/2025

th
This the 13 day of August, 2026

Hon’ble Mr. Manish Garg, Member (J)
Hon’ble Dr. Anand S Khati, Member (A)

ATUL KUMAR B. SOLANKI
S/o Bipinbhai Solanki Aged about 32 years
R/o 1, Santoshi nagar,Amraiwadi,
Ahmedabad -380026.
Posted as: - Sorting Assistant
at SRO Bhuj, RMS ‘RJ’ Division

…Applicant

(By Advocate: Mr. Mukesh Kumar
with Mr. Yogesh Kr Mahur)

Versus

1. UNION OF INDIA
Through The Director (DE),
Ministry of Communications
Department of Posts, Dak Bhawan,
New Delhi-110001

2. THE CHIEF POSTMASTER GENERAL
Gujarat Circle, Khanpur, Ahmedabad,
Gujarat-380001.

3. SUPERINTENDENT OF RMS ‘RJ’ Division,
Rajkot-360001.

…Respondents
(By Advocates: Mr. Hilal Haider)
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Item No.31/ C-IV O.A. No. 4047/2025
ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

With the consent of learned counsel for both the
parties, the matter was taken up for final hearing.
2. In the instant OA, the applicant seeks the following
relief:
“ a) Partly quash and set aside impugned order dated
17.04.2025 issued by the Director (GDS), Department of Posts
(Respondent No.1) to the extent of para ii and iii, wherein it is
stated:
ii. If any material is available against the candidates,
appropriate action in accordance with law, after
providing due opportunity of hearing, may be taken,
iii. Principle of 'No Work No Pay' may be strictly adhered
to.
b) Partly Quash and set aside Memo No.
B.1/1(a)/SA/Rectt./2013-14 dated 17.04.2025 sent by the
Department to the applicant and grant Back wages to the
applicant herein.
c) Direct the Respondents to grant the full pay & back wages
with arrears and the remaining consequential benefits which
are denied to the applicant and further direct the Respondents
to assign seniority to the Applicant from the date of their initial
appointment; and/or
d) Any other relief the Hon'ble tribunal deems fit and proper in
the facts and circumstances of the case. ”
3. Learned counsel for the applicant has moved an
Application placing reliance on the case of Pinkesh & Ors.
Vs. Union of India & Ors. in O.A. No.1758/2025, wherein
vide order dated 12.03.2026, this Tribunal was pleased to
disposed of the OA by passing the following directions:
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Item No.31/ C-IV O.A. No. 4047/2025
“ 7.1 In view of the above discussions, the present Original
Applications are allowed by quashing and setting aside the
impugned office order dated 21.01.2025, to the extent it denies
the consequential benefit of regularization for the period from the
date of termination till the date of reinstatement. The Competent
Authority is further directed to pass appropriate order(s) in the
following terms:
(i) The applicants shall be granted continuity of service for
all intents and purposes from the date of their initial
appointment till the date of reinstatement, with all
consequential benefits of seniority and pay fixation on a
notional basis.
(ii) The respondents are directed to revisit and carry out
the re-fixation of pay accordingly.
(iii) Upon such notional re-fixation of pay, the arrears of
pay and allowances shall be restricted to a period of three
years preceding the date of filing of the respective Original
Application(s).
(iv) The above directions shall be complied with within a
period of three months from the date of receipt of a
certified copy of this order, failing which the applicants
shall be entitled to interest at the rate applicable to GPF till
the date of actual payment.
7.2. Pending M.A.(s), if any, shall also stand disposed of. There
shall be no order as to costs.”

4. The case of the applicant is that the applicant had
been working as Postal Assistant with his initial
appointment from 11.02.2014. It is the contention of the
applicant that he be re-instated pursuant to the
intervention by the court. Learned counsel for the applicant
submits that the impugned order passed in the present
matter, reads as under:
Annexure A-1:
“ I am directed to refer to the subject mentioned above and
to say that Postal directorate, in consultation with
Department of Legal Affairs (DOLA), Ministry of Law &
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Item No.31/ C-IV O.A. No. 4047/2025
Justice, New Delhi, has examined all the cases, which are
arisen out on the basis of negative report of CFSL and
pending before various forum of law, i.e. CAT/ High
Court/ Supreme Court.
2. The Competent Authority after perusal of ‘Legal opinion’
of DOLA, Contempt Petitions filed by the applicants and
other connected & relevant records to the case, has taken
a considered decision to reinstate all the applicants of the
identical CAT/ Court cases and ordered the following:
“ (i) All the candidates, whose candidature were
terminated based on negative report of CFSL or the
authorship were not established by the CFSL and cases
are pending before Hon’ble CAT/ High Court/ Supreme
Court, may be reinstated.
(ii) If any material is available against the candidates,
appropriate action in accordance with law, after
providing due opportunity of hearing, may be taken.
(iii) Principle of ‘No Work No Pay’ may be strictly adhered
to.”
3. Circles are requested to issue the reinstatement order
and dispatch today itself to all the candidates covered in
this approval. Their training may be arranged after joining
on reinstatement as soon as possible.
4. This issues with the approval of Secretary (Posts).”

Annexure A-2:
“ In pursuance of Circle office Ahmedabad letter
no.STA/11-423/101/CAT-PB/Jagmohan/2023/II dated
17.04.2025 received through RO Rajkot letter no.LC-
I/3/3/2024 dated 17.04.2025 and approval accorded by
DE Section, Directorate New Delhi F.No.A-
34018/03/2025-DE dated 17.04.2025, undersigned is
pleased to issue order of reinstatement with immediate
effect.
Shri Atulkumar B. Solanki is hereby reinstated and
posted as Sorting Assistant at SRO Bhuj, RMS ‘RJ’
th
Division (in the pay level-4 of the pay matrix of the 7
CPC) with immediate effect. The pay and allowances will
be governed as per the prevailing rates/ instructions
th
contained in 7 CPC recommendations. ”

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Item No.31/ C-IV O.A. No. 4047/2025
5. It is noted that the impugned order itself stipulates
that pay and allowances will be governed as per the
th
prevailing rates/ instructions contained in 7 CPC
recommendations, however, with the following qualifier:
“ 1. The order of reinstatement is subject to the conditions
laid down in his original order of appointment.
2. He shall have to undergo/complete the induction
training, if not undergone earlier.
3. No. T.A/D.A is admissible.
4. Principle of "No work No pay" will be strictly adhered
to.”

6. The respondents have filed a counter affidavit
vehemently opposing the present matter taking objections
with regard to the maintainability and on the principle of
“No Work No Pay”. The only distinction to the case of
Pinkesh (supra) has been drawn with regard to the Batch,
otherwise factually the post and the entitlement is not in
dispute. The objections so raised on the ground of statutory
remedies of revision and review does not stand in the
present matter. The departmental remedies have not been
shown to be statutory in nature, as the matter does not
pertain to any departmental proceedings which may give
rise to statutory remedies such as revision and review.
More so, it is noticed that the order so passed is premised
on the earlier round of litigation as already highlighted in
the impugned order itself.
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Item No.31/ C-IV O.A. No. 4047/2025
7. In detail we have dealt with the matter in the case of
Pinkesh (supra) and on the same analogy and reasoning,
we dispose of the present matter in terms of para 7 as
quoted herein below:
“ 7. CONCLUSION:
7.1 In view of the above discussions, the present Original
Applications are allowed by quashing and setting aside
the impugned office order dated 21.01.2025, to the extent
it denies the consequential benefit of regularization for the
period from the date of termination till the date of
reinstatement. The Competent Authority is further directed
to pass appropriate order(s) in the following terms:
(i) The applicants shall be granted continuity of service
for all intents and purposes from the date of their initial
appointment till the date of reinstatement, with all
consequential benefits of seniority and pay fixation on a
notional basis.
(ii) The respondents are directed to revisit and carry out
the re-fixation of pay accordingly.
(iii) Upon such notional re-fixation of pay, the arrears of
pay and allowances shall be restricted to a period of
three years preceding the date of filing of the respective
Original Application(s).
(iv) The above directions shall be complied with within a
period of three months from the date of receipt of a
certified copy of this order, failing which the applicants
shall be entitled to interest at the rate applicable to GPF
till the date of actual payment.
7.2. Pending M.A.(s), if any, shall also stand disposed of.
There shall be no order as to costs.”

8. The aforesaid directions shall be complied with within
a stipulated time period of three months from the date of
receipt of a certified copy of this order. The impugned order
in the present matter is liable to be quashed and set aside
and is accordingly set aside.
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Item No.31/ C-IV O.A. No. 4047/2025
9. The O.A. is disposed of in above terms.
10. Pending MAs, if any, shall stand disposed of. No order
as to costs.

(DR. ANAND S KHATI) (MANISH GARG)
MEMBER (A) MEMBER (J)

/ kr /

Dictated on 13.08.2026
Sent for Signature on 31.08.2026.
Signed on
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