HUSSASIN ANSARI vs POSTS

Court
Central Administrative Tribunal

1 O.A./350/1101/2022


CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA


OA/350/1101/2022

Date of Order: 19.08.2026

Coram: Hon’ble Dr. Lata Baswaraj Patne, Judicial Member
Hon’ble Mr. Anindo Majumdar, Administrative Member

MD HUSSASIN ANSARI, working as Ex Driver Mail Motor Service,
residing at 83E/1B/H/18, Belgachia Road, Kolkata, Ρ.Ο. Belgachia, P.S.
Ultandanga, Pin 700037.

……..Applicant

-versus-

1) Union of India through the Secretary, Ministry of Communication,
Dak Bhawan, New Delhi. 110001.

2) Chief Postmaster, General Yoga Yog Bhawan, West Bengal Circle,
Kolkata-700012.

3) Sr. Manager Mail Motor Service, 139 Beleghata Road, Kolkata -
700015


…...Respondents

For the Applicant : Mr. N Roy; Counsel

For the Respondents : Mr. T K Chatterjee; Counsel

O R D E R (O R A L)
Per: Hon’ble Dr. Lata Baswaraj Patne (J):

1. Ld Counsel for both the parties are present.

2. The applicant has approached this Tribunal under Section 19 of the
Administrative Tribunals Act, 1985, praying for the following relief(s):-
“a) To issue direction upon the respondent to consider the representation
dtd. 10.01.2022 for special car driver promotion benefit to the applicant
forthwith.


Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit
Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:53:26+05'30'
Foxit PDF Reader Version: 2024.3.0

2 O.A./350/1101/2022

b) To issue further direction upon the respondent to set aside the impugned
order 29.01.2022 forthwith.

c) Any other order/orders as deem fit and proper.

d) To produce Connected Departmental Record at the time of Hearing.”


3. Ld Counsel for the applicant submits that the applicant was initially
appointed as Mail Motor Driver on 17.05.1982 and was subsequently
promoted to the post of Staff Car Driver (Grade-I) under special grade in the
year 2016-17. The applicant retired from service on 31.05.2018. At that time
vacancy arose in the Department but no DPC was conducted by the authority
concern. If the DPC was conducted in time the applicant would have got
promotion to the post of Driver Special Grade. An employee, namely, Samir
Kumar Roy who is junior to the applicant got the said promotional benefit,
however, the applicant being senior in cadre did not get the promotional
benefit of Driver Special Grade due to administrative laches in the year 2015.
DPC was finally conducted on 20.01.2020. However, in the meantime, the
applicant retired from service in the year 2018. So due to the administrative
laches the applicant could not get the promotional benefit for which he was
entitled to. Being aggrieved with the same he has made a representation
before the competent authority. However, till date the same has not been
considered.

4. Ld Counsel for the respondents submits that the applicant retired from
service as Staff Car Driver Grade-I (applicant), Mail Motor Services, Kolkata.
He was appointed on 17-05-1982 as a cleaner, subsequently promoted to
Staff Car Driver (Ordinary Grade) through departmental promotion
examination on 09-07-1984. Date of substantive entry of the applicant in the
Staff Car Driver (Ordinary Grade) is 01.03.1987 and was promoted to the post
Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit
Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:53:26+05'30'
Foxit PDF Reader Version: 2024.3.0

3 O.A./350/1101/2022

of Staff Car Driver (Grade-II) on 21-09-2001. Thereafter, he was again
promoted to the post of Staff Car Driver (Grade-I) on 21-09-2007. In 2001, a
new grade for staff Car Driver, namely, Driver Special Grade was introduced
in the scale of pay Rs. 5000-8000 (presently Pay Band-2(Rs.9300-34800) with
Grade Pay 4200) w.e.f. 08-11-1996 vide Memorandum dtd. 15.02.2001. The
Recruitment Rule (RR) and Promotion Rule vide O.M. dated 24.11.2015
issued by the Ministry of Communications and IT in pursuance of Gazette of
India dated 12.10.2015, in which the promotion for Driver Special Grade was
not mentioned and Departmental promotion committee was not able to give
promotion for want of proper rule as there was no mention about Driver
Special Grade in the revised Recruitment Rule and promotion rule issued by
Ministry of Communications and IT dated 24.11.2015.

5. Ld Counsel for the respondents further submits that a DPC meeting for Driver
Special Grade promotion was held on 19.11.2015. At that time total
sanctioned strength of Staff Car Driver in Mail Motor Services, Kolkata, was
147. As per rule, (vide DoP&T O.M dated 15-02-2001). The number of posts
of Staff Car driver (Grade-I) was 51 (i.e. 35% of total 147) and the number of
posts for Driver Special Grade was 07 (seven) (i.e. 5% of total 147). During
Departmental Promotion Committee (DPC), held in 2015, the applicant was
at Serial No. 10 in Staff Car Driver (Grade-I) cadre in Gradation List. At that
time, 05 posts of Driver Special Grade were existing and the remaining 02
vacant posts were subsequently filled up from the eligible, senior most staff
car driver (Grade-I). The applicant could not be given promotion due to
shortage of vacancy in Driver Special Grade Promotional Cadre during the
Departmental promotion Committee (DPC) meeting held in 2015.
Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit
Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:53:26+05'30'
Foxit PDF Reader Version: 2024.3.0

4 O.A./350/1101/2022

Thereafter, in the year 2019 another Memo dated 01.11.2019 was issued by
the Department of Posts, Ministry of Communications, Government of India
which directs "All Heads of circle are requested to follow the DoP&T's
instruction contained in the aforementioned O.M. dated 15-02-2001 in Toto
and bring the decision to the notice of all concerned for the necessary action ”.
In compliance with the said Memo Departmental Promotion Committee
(DPC) meeting was held on 20.01.2020 and accordingly Shri Samir Kumar Roy
along with other eligible Staff Car Driver (Grade-I) were promoted to Staff
Car Driver (Special Grade). However, In the meantime, the applicant retired
from service on 31.05.2018, therefore, he did not get the promotion of Staff
Car Driver (Special Grade).

6. Heard both the parties.

7. We find no merit to entertain the claim of the applicant for grant of
promotional benefit of Staff Car Driver (Special Grade) at this belated stage.

8. In view of the above, the OA is dismissed. No cost.


(Mr. Anindo Majumdar) (Dr. Lata Baswaraj Patne)
Member (A) Member (J)


sk
Digitally signed by Subhrajit Koley
DN: C=IN, O=Central Administrative Tribunal, OU=Department of Personnel and Training,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
PostalCode=700020, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=Subhrajit
Koley
Reason: I am the author of this document
Location:
Subhrajit Koley Date: 2026.09.04 11:53:26+05'30'
Foxit PDF Reader Version: 2024.3.0