SRI SURABIR KARMAKAR vs DEPARTMENT OF POSTS

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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
[Reserved]

Original Application No. 41/11/2024

Reserved on: 18.08.2026

Pronounced on: 22.09.2026

Coram:-

HON’BLE MR. RAJINDER SINGH DOGRA, JUDICAL MEMBER
HON’BLE MS. MALLIKA ARYA, ADMINISTRATIVE MEMBER

Between

Sri Surabir Karmakar,
S/o Sri Ranjit Kumar Karmakar,
R/o Dhijanagar, Gokulpur, Udaipur,
Radhakishore pur, Dist – Gomati,
Tripura, Pin – 799114.

......Applicant

[By Advocate: Mr. S. Nath, Dr. G.J. Sharma]

-AND-

1. The Union of India,
Represented by the Secretary to the
Govt. of India, Ministry of Communications
& IT, Department of Posts, New Delhi – 110001.

2. The Chief Postmaster General,
NE Circle, Shillong, Pin – 793001.

3. The Director Postal Services(HQ),
North East Circle, Shillong, Pin – 793001.

4. The Assistant Postmaster General(Staff),
OA No. 41/11/2024
Digitally signed by
SOURABH
SOURABH
KUMAR
KUMAR

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O/o the Chief Postmaster General,
N.E. Circle, Shillong, Pin – 793001.

....Respondents

[By Advocate: Mr. A. Kundu, Addl. CGSC ]

OA No. 41/11/2024
Digitally signed by
SOURABH
SOURABH
KUMAR
KUMAR

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ORDER
PER R.S. DOGRA, MEMBER (J):

The instant OA has been filed by the applicant praying for
the following relief(s):-
“8.1 The Hon’ble Tribunal be pleased to direct the
respondents to allow the applicant to join his service as
Postal Assistant under the respondent No. 3 upon his
resignation deemed to have been automatically
withdrawn upon submission of intimation dated
25.12.2022, in terms of para 3 of the DoPT OM dated
11.02.1988.
8.2 Any other relief or reliefs as the Hon’ble Tribunal
may deem fit and proper, including the cost of the case.”

2. The facts of the case are that the applicant was appointed
as Postal Assistant in the O/o the CPMG, NE Circle, Shillong
vide Order dated 13.02.2015. The applicant suffered
depression during covid period owing to the fact that he was
away from his family. Under these circumstances, he
submitted resignation letter dated 08.07.2022. Later, he
recovered after treatment at Kolkata with the care and support
of his family. But before acceptance of his resignation, he
submitted intimation dated 25.12.2022 through email for
withdrawal of his resignation. The respondents sought for
details of his engagement during the intervening period
through letters dated 22.03.2023 and 28.03.2023, and
OA No. 41/11/2024
Digitally signed by
SOURABH
SOURABH
KUMAR
KUMAR

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accordingly, the applicant provided the same but he was not
allowed to join the Department.
As per the applicant, Para 3 of the DOPT OM dated
11.02.1988 provides that “if a Government servant who had
submitted a resignation, sends an intimation in writing to the
appointing authority withdrawing his earlier letter of
resignation before its acceptance by the Appointing Authority,
the resignation will be deemed to have been automatically
withdrawn and there is no question of accepting the
resignation.” Finding no response, Applicant submitted
Representations dated 01.03.2023, 31.03.2023 and
26.04.2023 for allowing him to join his service but yielded no
result. Hence this O.A.

3. Learned counsel for the Respondents has filed his written
statement, wherein he averred that applicant submitted his
resignation on 27.06.2022 (Annexure-R/6) before the
clarification dated 16.12.2022 was received from Directorate.
Accordingly, West Bengal Circle was intimated vide C.O
Shillong letter no. Staff/RULE-38/N.E./2022 dated
21.12.2022 (Annexure-R/7) to kindly exclude the name of the
OA No. 41/11/2024
Digitally signed by
SOURABH
SOURABH
KUMAR
KUMAR

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official from the list of inward Rule-38 transfers in West Bengal
Circle as the official had already applied for resignation from
service.
Learned counsel for the respondents submits that transfer
under Rule -38 of Postal Manual Volume IV cannot be claimed
as a matter of right by a Government Servant. While his Rule-
38 case was under process, the applicant had submitted his
resignation. His claim that he submitted resignation letter
dated 08.07.2022 is not correct. The official has submitted his
resignation vide letter dated 27.06.2022 (Annexure-R/8) and
thereafter, he again sent an e-mail dated 14.09.2022
(Annexure-R/9) where he requested to consider his last
working day and date of resignation as 08.07.2022 citing
mental illness etc. The applicant vide Letter No. Staff/35-
13/2014/203 Dated 23.08.2022 (Annexure-R/10) was
instructed to resume duties within 10(ten) days of receipt of
this letter and submit the proposed date of resignation from
service. Thereafter, he again sent an e-mail dated 14.09.2022
(Annexure-R/9) where he requested to consider his last
working day and date of resignation as 08/07/2022 citing
mental illness etc. Therefore, it would be incorrect to say that
OA No. 41/11/2024
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SOURABH
SOURABH
KUMAR
KUMAR

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applicant had not received any reply against his resignation
letter. Applicant was asked vide letter No. Staff/35-
13/2014/230 dated 24.02.2023 (Annexure-R/12) to intimate
about the material change in circumstances and whether he
had undertaken any employment after tendering resignation
which was responded to by the applicant through e-mail dated
01.03.2023 that he had worked from Home as an individual
th th
contributor for a private company from 8 September to 27
December 2022. However, in the Letter dated 31.03.2023
(Annexure-R/14), it was stated by the applicant that as his role
was of an individual contributor and the base of the work was
from home, there was no separate letter for joining or relief. The
applicant also attached along with letter dated 31.03.2023, a
job Experience Letter dated 24-01-2023 (Annexure-R/15)
signed by Sri. Gaurav Timble, Assistant Vice President-Human
Resources of Whitehat Education Technology Pvt. Ltd which
mentions his tenure of services for the Company along with the
joining and relieving date. The DOPT O.M. dated 11.02.1988 is
applicable under ordinary circumstances where an official has
tendered resignation and then has withdrawn at a later date.
But, in the instant case, the official has joined a Private
OA No. 41/11/2024
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SOURABH
SOURABH
KUMAR
KUMAR

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Company, thus violating Rule-26 (6) of CCS (Pension) Rules,
2021.

4. Learned counsel for the Applicant has filed rejoinder,
wherein he has averred that he had applied for transfer to West
Bengal Circle under Rule-38 of P&T Manual VOL-IV on
31.01.2022. However, due to delay in issuing the transfer
order, he was mentally disturbed and, out of frustration,
submitted resignation letter dated 08.07.2022 and went to
Kolkata. During his stay at Kolkata, he was out of job and in
order to maintain his family expenses, he was compelled to
th th
work for a private company from 8 September to 27 Dec,
2022. Since he was out of any employment for 2 months, as
such, it cannot be said that the applicant resigns the service
with a view to taking up an appointment in or under a private
commercial company. Therefore, provision of Rule 26(6) of CCS
(Pension) Rules 2021 cannot be applied in the instant case of
the applicant. In these circumstances, the respondents are
duty bound to allow the applicant to join in service.

5. We have heard the parties and perused the materials on
record.
OA No. 41/11/2024
Digitally signed by
SOURABH
SOURABH
KUMAR
KUMAR

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6. It is an admitted position that the applicant had the
applicant had worked as an individual contributor for a private
th th
company from 08 September to 27 December 2022 as would
be evident from Experience Letter dated 24.01.2023 issued in
favour of the applicant. The respondents had accepted the
resignation of the applicant in view of his joining the private
company. We find force in the submission of the respondents
that since the applicant had violated the Rule 26(6) of
CCS(Pension) Rules, 2021, his resignation cannot be
withdrawn as applicant had undertaken employment under
private firm. Further, Rule-26 (6) of CCS (Pension) Rules, 2021
reads as follows: -
"Request for withdrawal of a resignation shall not be
accepted by the appointing authority where a
Government servant resigns his service or post with a
view to taking up an appointment in or under a private
commercial company or in or under a corporation or
company wholly or substantially owned or controlled
by the Government or in or under a body controlled or
financed by the Government."

7. However, the contention of the learned counsel for the
applicant also holds ground that the respondents have not
passed any order till date regarding applicant’s termination
from services. Therefore, we are of the considered opinion that
justice would be met if a direction be given to the respondents
OA No. 41/11/2024
Digitally signed by
SOURABH
SOURABH
KUMAR
KUMAR

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to consider the pending Representations dated 01.03.2023,
31.03.2023 and 26.04.2023 of the applicant by treating the
instant OA as a part of it and pass a reasoned and speaking
order within a period of one month from the date of receipt of a
copy of this Order.
8. Accordingly, instant OA stands disposed of. No costs.
9. Pending M.A.(s), if any, stand disposed of.

(MALLIKA ARYA) (RAJINDER SINGH DOGRA)
MEMBER (A) MEMBER (J)

/SK/

OA No. 41/11/2024
Digitally signed by
SOURABH
SOURABH
KUMAR
KUMAR