Transfer order of existing staff found invalid without their willingness for change in transfer liability.

The applicant, Arpita Sarkar, was appointed as a Postal Assistant by the Senior Post Master, Alipore Head Post Office (HPO), on August 24, 1998.

At the time of her appointment, Alipore HPO enjoyed the status of a 'Self-Unit'.

On May 4, 2018, the Post Master General, Kolkata Region, issued an Office Memorandum (OM) lifting the 'Self-Unit' status of Alipore HPO and placing it under the administrative control of the South Kolkata Division.

This OM stipulated that all fresh/newly recruited staff after its implementation would come under the purview of transfer and posting policy controlled by the SSPOs, South Kolkata Division, while the transfer of existing officials of Alipore HPO (as on the date of the OM) would be regulated by the Senior Post Master, Alipore HPO, as these officials were appointed with the 'Self-Unit' status.

The OM also mentioned calling for willingness from existing officials for inclusion in Divisional transfer liability.

The applicant was promoted to the LSG cadre vide an Office Order dated March 19, 2022, issued by the Senior Post Master, Alipore HPO, and was posted as Accountant – II (LSG) at Alipore HPO.

Subsequently, on August 26, 2025, the Senior Superintendent of Post Offices (SSPOs), South Kolkata Division, issued a transfer order transferring the applicant from Alipore HPO to Tollygunge HPO, which is under the South Kolkata Division.

The applicant challenged this transfer order.

Following a previous order from the Tribunal, the Postmaster General, Kolkata Region, issued a speaking order dated October 14, 2025, rejecting the applicant's claim and confirming the transfer.

The applicant was relieved on October 15, 2025.

The respondents argued that LSG cadres are Circle cadres, and the applicant, having been promoted after the withdrawal of Alipore HPO's 'Self-Unit' status, falls under the administrative control of the SSPOs, South Kolkata Division.

They also cited a Corrigendum dated April 27, 2022, which clarified that officials posted at Alipore HPO were to be treated as posted at South Kolkata Division.

The applicant argued that she is an existing official of Alipore HPO, protected by the OM dated May 4, 2018, and that her promotional posting to LSG cadre within Alipore HPO does not change her status as an existing official whose transfer liability is regulated by the Senior Post Master, Alipore HPO, especially since she never expressed willingness for divisional transfer liability.

She further contended that her transfer to Tollygunge HPO as a normal Postal Assistant would lower her status as there is no vacant Accountant cadre post there.

Whether the transfer order dated August 26, 2025, issued by the Senior Superintendent of Post Offices, South Kolkata Division, for the applicant from Alipore HPO to Tollygunge HPO is legally tenable?

Whether the applicant, an existing official promoted to LSG cadre within Alipore HPO after the withdrawal of its 'Self-Unit' status, falls under the transfer policy governed by the Senior Post Master, Alipore HPO, or the Senior Superintendent of Post Offices, South Kolkata Division?

The court primarily applied the Office Memorandum dated May 4, 2018, issued by the Post Master General, Kolkata Region, regarding the lifting of 'Self-Unit' status of Alipore HPO and its inclusion under the administrative control of South Kolkata Division.

Specifically, sub-clause (ii) of this OM stipulated that all fresh/newly recruited staff after its implementation would come under the purview of transfer and posting policy of the SSPOs, South Kolkata Division, while the transfer of existing officials of Alipore HPO as on the date of the OM would be regulated by the Senior Post Master, Alipore HPO.

The Ministry of Telecommunication, Department of Posts, Order dated August 3, 2023, concerning revised guidelines for allotment/transfers/posting of officials, stating that on promotion to HSG-II/LSG, officials shall be allotted to the same Division subject to vacancy, was also considered.

The court analyzed the OM dated May 4, 2018, noting its specific stipulation distinguishing between "fresh/newly recruited staff" and "existing officials" regarding transfer regulations.

It found that the applicant, having been appointed in 1998, was an "existing official" of Alipore HPO on the date the OM was implemented.

The OM explicitly stated that the transfer of such existing officials would be regulated by the Senior Post Master, Alipore HPO.

Although the applicant was subsequently promoted to the LSG cadre in 2022, the court referenced the Ministry of Telecommunication's Order dated August 3, 2023, which mandated that upon promotion to LSG, an official should be allotted to the same Division if a vacancy exists.

Since the applicant was allotted to Alipore HPO upon her LSG promotion, she maintained her status as an existing staff of Alipore HPO under the terms of the May 4, 2018, OM.

The court therefore concluded that the SSPOs, South Kolkata Division, was not competent to issue the transfer order for the applicant, as her transfer regulations remained under the Senior Post Master, Alipore HPO.

The Corrigendum dated April 27, 2022, stating that officials posted at Alipore HPO were to be treated as posted at South Kolkata Division, was implicitly deemed insufficient to override the specific protection accorded to "existing officials" under the primary OM.

Therefore, the transfer order issued by the Senior Superintendent of Post Offices, South Kolkata Division, was considered beyond his competence for the applicant's case.

The Tribunal quashed and set aside the transfer Order dated August 26, 2025, the Speaking Order dated October 14, 2025, and the Relieving Order dated October 15, 2025, concerning the applicant and directed that she be allowed to continue her service under the Alipore HPO.

The O.A. was disposed of accordingly, with no order as to costs.