Temporary Attachment of an Employee to Another Division Must Terminate Upon Availability of Vacancies and Parity in Repatriation.

The applicant, Md Asrarul Haque, was recruited as a Postal Assistant under the Kolkata GPO.

On 12.04.2025, he was temporarily attached to the Baruipur Division with an assurance of repatriation to Kolkata GPO upon availability of vacancies.

Despite an RTI reply confirming 21 vacant posts of Postal Assistants at Kolkata GPO and the repatriation of similarly situated colleagues (Shri Ravi Shankar Kumar and Ms. Sangeeta Poddar) via order dated 17.04.2026, the applicant was not transferred back.

The applicant challenged the orders dated 08.03.2025, 12.04.2025, and 15.04.2025, seeking a direction for his return to Kolkata GPO.

1. Whether the respondents acted in a discriminatory and arbitrary manner by failing to repatriate the applicant to his parent unit despite existing vacancies and the repatriation of similarly situated employees.

2. Whether the applicant is entitled to an order directing his immediate transfer/release from Baruipur Head Office to Kolkata GPO.

The court applied Section 19 of the Administrative Tribunals Act, 1985, which empowers the Tribunal to adjudicate disputes regarding recruitment and conditions of service of persons appointed to public services.

It further relied on the principle of parity and non-discrimination in administrative actions, particularly concerning "temporary attachment" and repatriation policies within government departments.

The Tribunal observed that the applicant’s attachment to the Baruipur Division was explicitly temporary and predicated on the lack of vacancies at the Kolkata GPO at that time.

Through RTI evidence, the applicant established that 21 vacancies now exist at the Kolkata GPO.

The court highlighted a breach of administrative fairness, noting that the respondents had already repatriated other Postal Assistants listed in the same attachment order (Annexure/A-3) while excluding the applicant without justification.

Furthermore, the Tribunal noted that the respondents failed to file a reply despite being granted adequate time and a specific direction on 27.02.2026 to consider the applicant's case for repatriation.

The Tribunal directed the Deputy Director PO (Admin), Kolkata GPO, to repatriate the applicant, Md. Asrarul Haque, back to Kolkata GPO within two weeks from the receipt of the certified copy of the order. The O.A. was disposed of with no costs.