Siba Shankar Mohapatra vs POSTS on 6 November 2026

O R D E R

Mr.SudhiRanjan Mishra, Member, J.M.

The applicant seeking direction to the respondents to appoint him as regular GDSBPM in the Hariharpur BO under Sanakul SO as he has rendering the services of GDSBPM since from 31.05.1999 in different Branch Office under the Respondent No. 3 and continuing as such till date as GDSBPM, Hariharpur BOhas filed this OA praying for following reliefs: a) To direct the respondent no. 2 to consider the case of the applicant for regular appointment in the post of GDSBPM Hariharpur BO in account with Sarankul SO taking into account his experience in the said post. b) To allow the original application with cost.

2. The fact of the case as inter alia averred stated by the applicant in the OA is as follows: 2.1 That the applicant initially appointed as E.D.D.A. of Kajalaipalli B.O. in account with Sarankul S.O. as per office order in letter dt. 7.4.1984 and assumed charge of the EDDA after joining the post on 01.03.1984 but subsequently said post of

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E.D.D.A. was designated as G.D.S..mail deliverer. That, the applicant have sufficient means of livelihood and he has own source of income from the landed property and also other assets owned by him. 2.2 That the applicant while working as EDDA of Kajalaipalli B.O. was directed to hold the charge of the post of GDSBPM Barasahi B.O. account with Sarankul S.O. as per instruction of the Inspector of Post, Nayagarh West Sub-Division in his letter No. A/Barasahi, Nayagarhdt. 31.03.1999 to manage the duties of GDSBPM Barasahi B.O. in combination of duties in addition to his own duties and the applicant assumed charge of GDS BPM. That it is humbly submitted that in fact again the applicant was provisionally appointed as the GDSBPM Barasahi B.O. as the existing incumbent who was appointed on regular basis has been remain put off duty by the order of the Respondent No. 3 w.e.f. 25.8.2004. That thereafter the applicant was again directed to hand over the charge of the Post of B.P.M. Barasahi B.O. as the put off duty order of the earlier BPM was revoked in letter dt.26.6.2007 of Respondent No. 4.

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2.3 That again by the Memo No. PF/BPM /Hariharpur B.O/2011 2011 dt. 9.6.2011 of Inspector of Posts, Nayagarh (W) Sub-Division the applicant was ordered to work as GDSBPM Hariharpur B.O. in account with Sarankul S.O. That while continuing as I/C BPM, Hariharpur B.О. training course the applicant was deputed to undertake by the order of Respondent No. 3 in memo No. MG /Trg/2011 dated successfully completed 4.2.2013 and the applicant the training. That again by the order of the Respondent No. 4 in letter No. PF/GDSMD-Binayakpur B.O. Nayagarhdt. 10.03.2016 the applicant while working as GDSMD of Kajalaipalli B.O. was ordered to perform the duties of GDSBPM Binayakpur B.O. along with duty of GDSMD of Binayakpur B.O. on combination of duty until further order and the applicant assumed charge as GDSBPM, Binayakpur B.O. on 1.4.2016. 2.4 That again the applicant was directed by the Inspector of Post, Nayagarh (W) Sub-Division i.e. Respondent No. 4 in letter No. A-37/GDS/Gent dt. 9.6.2018 presently working as I/C GDSBPM Binayakpur to mange the duty of GDSBPM /MD Hariharpur B.O. and as such rendering the service of GDSBPM, Hariharpur В.О. under the Respondents efficiently. That it is

Kalpeswar Behera pertinent to mention here that the applicant while continuing as GDSBPM of Hariharpur B.O. having necessary experience of BPM made an application on 02.09.2019 to the Respondent No.3 to appoint the applicant as GDS BPM, Hariharpur B.O. on regular basis but the Respondents in an arbitrary manner instead of appointing the applicant as BPM, Hariharpur B.O. on regular basis as per the Rule slept over the matter. Hence such actions of the Respondents are illegal and unsustainable in law as the persons in similar position under the administrative control of Respondent No. 3 provided with the post of B.P.M. on regular basis. and therefore such actions of the Respondents are discriminatory. 2.5 That it is humbly submitted that as no action has been taken against the representation of the applicant vide Anenxure- A/9, the applicant again submitted representation to the Respondent No.2 to consider his case for appointment as regular GDSBPM of Hariharpur B.o. under Sarankul S.O. on one time transfer basis on 29.07.2021 and the same is pending for consideration and the Respondent instead of considering the same had taking steps for transfer the applicant to other posts. That it is humbly submitted that the applicant has discharging

Kalpeswar Behera his duty successfully without any deficiency for a long period as is evident from the yearly inspection reports of the authority as GDSBPM in as different B.O. and also got adequate experience GDSBPM. and expertise to deals with the post of GDSBPM work for a long period independently and as per prevailing rule and instructions of Govt. of India the applicant was entitled to be given regular B.P.M. post as he has already discharging the duties of BPM post on provisional basis and also for a long period and also otherwise eligible, suitable and qualified for the post of GDSBPM. 2.6 That the applicant is entitled to be appointed as regular GDSBPM of Hariharpur, B.O. as the similarly situated employees working under the Respondents has been appointed as regular GDSBPM by Superintendent of post office, Puri Division. It is pertinent to mention here that the Chief post Master General, Odisah, Circle vide order date d 15.09.2019 regularized the services of one Pradeep Kumar Parida as GDSBPM Goudaput B.O. under the Respondent No. 4. Hence such action of the Respondent No.2 and 4 are capricious, unjust, arbitrary and also violative of principle of equity and the applicant is entitled to be regularly appointed as GDSBPM, Hariharpur B.O. under

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Respondent No.4 and further also in view of decision of this Hon'ble Tribunal in O.A. No. 260/969 of 2013 filed by SitansuSekharRath disposed of on 25.05.2017 and therefore the applicant service should have been regularized as GDSBPM. 2.7 That the denial of appointment of the applicant as regular GDSBPM by the Respondent is contrary to GraminDakSevak (Conduct and Engagement) Rules-2011 wherein GraminDakSevak can be transferred from "one post" to "another post" Since the applicant is working as GDSBPM for a long period and having requisite experience for the said post he should have been regularized in the said post and such actions of the Respondents are illegal, arbitrary and unsustainable in law. That it is humbly submitted that Department of Post Govt. of India Ministry of. Communication i.e. Respondent No.1 issued a Memorandum No. 17-31/2016-GDS dt. 22.01.2020 regarding limited transfer facility for all categories of GraminDak (Sevak) (GDS) with the approval of the Competent Authority in formulating guidelines to regulate the limited transfer facility of Gramin Dak Sevak previous order with the conditions there in allowing one time transfer only for male GDS and the transfer will be at his/her request at own cost to vacant post at his/her place of choice.

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2.8 That it is humbly submitted that though the applicant is continuing as GDSBPM Hariharpur B.O. in account with Sarankul S.O. the Respondents in an arbitrary manner slept over the matter and has not taken any decision to regularly absorb him as regular GDSBPM and thereby the right of the applicant has been infringed as the applicant while working as GDSBPM for a considerable long period on provisional basis as per rule with the utmost satisfaction of the authority and also he is otherwise eligible, qualified and experienced for the post of BPM got the right over the post for permanent absorption in the said post and the denial of same is vitiated and unsustainable in law.That it is humbly submitted that in the interest of justice the Respondents be directed to consider the case of the applicant for regular appointment as GDSBPM Hariharpur B.O. in account with Sarankul S.O.

3. The respondents have filed their counter stating as follows: 3.1 That, the Applicant Shri. Siba Shankar Mohapatra, S/O- Late Jambeswar Mohapatra, AT/PO-Kajalaipalli, P.S-Sarankul, Dist-Nayagarh, Odisha, presently working as GDSBPM (I/C), Hariharpur BO in account with Sarankul SO, was originally

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engaged as EDDA, Kajalaipalli BO in account with Sarankul SO under NayagarhHо with effect from 01.03.1984 Forenoon vide IP, Nayagarh West Sub Division, Nayagarh memo No. A-12/4(PF- EDDA) dated 12.03.1984. The date in the memo number which is annexed to OA as Annexure-A/1 as 07.04.1954 is incorrect. The Applicant was ordered to work on temporary basis as GDSBPM I/C, Barasahi BO in account with Sarankul SO with effect from 31.03.1999 vide IP, Nayagarh West Sub Division memo No. A/Barasahi/99 dated 31.03.1999. The copy of the said memo number is annexed to OA as annexure-A/2. The Applicant was again provisionally engaged as GDSBPM I/C, Barasahi BO i.a.wSarankul SO with effect from 25.08.2004 as the existing incumbent was under put off duty. Subsequently the put off duty order of the existing incumbent i.e Sri AlokPradhan has been revoked vide SSPOs, Puri Division memo No. F/Misc-03/2003-04 dated 15.06.2007 and Inspector Posts, Nayagarh West Sub Division memo No. K26 dated 26.06.2007 resulting termination of temporary engagement of the Applicant against the post of GDSBPM 1/C, Barasahi BO in account with Sarankul SO.

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3.2 Later the Applicant was ordered to work as GDSBPM 1/C, Hariharpur BO in account with Sarankul SO vide Inspector Posts, Nayagarh West Sub-Division Memo No. PF/BPM- Hariharpur BO/2011 dated 09.06.2011 (copy of the said memo is annexed to OA as Annexure-A/5). After retirement of Sri Jayadev Sahoo, GDSMD, Binayakpur BO i.a.w Sarankul SO, the Applicant was ordered to work as GDSMD and GDSBPM of Binayakpur BO vide Inspector Posts, Nayagarh West Sub Division memo PF/GDSMD-Binayakpur BO dated 10.03.2016 (copy of the said memo number is annexed to OA as Annexure- A/7). Lastly vide Inspector Posts, Nayagarh West Sub Division memo No. A-37/GDS/Genl dated 09.06.2018 (copy of the said memo number is annexed to OA as Annexure-A/8), the Applicant was ordered to work as GDSBPM 1/C, Hariharpur BO i.a.w Sarankul SO and as such the Applicant is still continuing as GDSBPM I/C, Hariharpur BO i.a.w Sarankul SO. 3.3 As per Annexure-A/9 of the OA the Applicant has made a representation on dated 02.09.2019 to the Respondent No.3 for regular posting as GDSBPM, Hariharpur BO in account with Sarankul SO, but no such representation is there in the original PF received from Puri Postal Division after bifurcation of Puri

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Postal Division and creation of Nayagarh Postal Division. During the meantime the Applicant has again made a representation to Respondent No.2 for regular appointment as GDSBPM, Hariharpur BO in account with Sarankul SO on dated 29.07.2021 which is yet to be disposed of. 3.4 That, it is humbly submitted that the OM dated 22.01.2020 is related to the limited transfer facility. But the Applicant has never applied in the proper/prescribed format to the appropriate authority. The competent authority can only approve the limited transfer of GDS if all the conditions for the same is satisfied by a GDS after applying for the same in proper format. As the Applicant has never applied for the same in proper format he is not liable for limited transfer. Without applying for a relief and without exhausting all the channels approaching this Hon'ble Tribunal is violation of general principle of law and the Applicant is liable for proper action. 3.5 That, it is humbly submitted that, as per rule the Applicant has to make correspondence through his immediate authority to next higher authority. But in this case the Applicant has violated the rule by surpassing his immediate authority i.e. Inspector

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Posts, Nayagarh West Sub Division, Nayagarh and submitted representation directly to SSPOs, Puri Division as per Annexure- A/9. However after bifurcation of Puri Postal Division and creation of new Nayagarh Postal Division the concerned original PF received from Puri Postal Division but no such representation is available in that file. However, it is made clear that there is no such provision to absorb a GDS MC/ABPM as GDSBPM arbitrarily on a representation. There are certain conditions and proper procedures for transfer to any other GDS post from a GDS post. In this instant case, the Applicant has never applied in proper format of application through proper channel. Hence, it is also not examined as to what extent, the Applicant is eligible for such transfer. Submission of mere representation will not solve the purpose. Hence the illegality and arbitrariness of the Applicant is liable to be viewed seriously. As such, the allegation of the Applicant is not maintainable in the eyes of law. 3.6 That, it is humbly submitted that the Applicant has again made representation directly to the Chief Postmaster General, Odisha Circle but he has to make representation through proper channel i.e. through Inspector Posts, Nayagarh West Sub Division, Nayagarh. No action has been taken by the Respondent

Kalpeswar Behera to transfer the Applicant to other post and the Applicant is still continuing as GDSBPM I/C, Hariharpur BO i.a.wSarankul SO. Submission of wrong and misleading facts before this Hon'ble Tribunal is liable to be viewed seriously. However, the Applicant should follow the due procedure and proper format through proper channel for consideration under the limited transfer facility. 3.7 That, it is humbly submitted that even though the Applicant is discharging his duty successfully without any deficiency and having adequate experience as GDSBPM, he cannot be appointed as GDSBPM as per the prevailing guidelines of the Postal Directorate memo No. 17-31/2016-GDS dated 15.07.2021. A copy of the Postal Directorate memo No. 17-31/2016-GDS dated 15.07.2021 is annexed herewith as Annexure-R/1. As per para-1

(x) of the Postal Directorate memo No. 17-31/2016-GDS dated 15.07.2021, a GDS ABPM/Dak Sevak in TRCA Level-2 can be transferred to the post of GDSBPM level-1 and a GDS ABPM/Dak Sevak in level-1 can only be transferred to the post of GDS ABPM/Dak Sevak level-1 in TRCA slab-1. The Applicant of present OA is drawing TRCA in level 1 as ABPM. A copy of the TRCA slip of the Applicant for the month of January 2022

Kalpeswar Behera showing his level as Level-1 is annexed herewith as Annexure- R/2. Hence the Applicant is not eligible for transfer to the post of BPM, Hariharpur BO which is a post of level-2. 3.8 That, it is humbly submitted that the case of Sri Pradeep Kumar Parida and Sri SitansuSekharRath is case specific and it does not relate to the case of the present Applicant. It is also humbly submitted that the cases are prior to issuance of fresh guidelines dated 15.07.2021. The Respondents have to work in the ambit of the prescribed rules and the claim of the Applicant does not come under the guidelines of the limited transfer facility dated 15.07.2021 (annexed as Annexure-R/1). Hence the Applicant's case is not maintainable as per the extant rules. 3.9 That, it is humbly submitted that the GDS (Conduct and Engagement) Rules-2011 has been amended in the year 2020 and as per Rule 3-A of GDS (Conduct and Engagement) Rule 2020 a Sevak can be transferred from one post to another post in public interest/administrative/vigilance ground. A copy of the Rule 3-A of GDS Conduct and Engagement Rule 2020 is annexed herewith as Annexure-R/3. Further there is a provision of posting from one post to another post as per the prevailing guidelines of

Kalpeswar Behera the Postal Directorate memo No. 17-31/2016-GDS dated 15.07.2021. But the Applicant cannot be posted as GDSBPM, Hariharpur BO i.a.w Saranakul SO as he is not fulfilling the eligibility criteria as mentioned in Postal Directorate memo No. 17-31/2016-GDS dated 15.07.2021 as discussed in above para. 3.10 That, the guidelines dated 22.01.2020 has already been superseded by the OM. dated 15.07.2021. Even the Applicant is not eligible as per the guidelines dated 22.01.2020 as his TRCA level does not match with the post he has requested for. It is humbly submitted that as already discussed in previous paras of this counter, the Applicant is not eligible for the Post of BPM, Hariharpur BO as per the extant rules. As such, the claim of the Applicant is liable for rejection.

4. Heard both sides and perused the records.

5. As per para-1 (x) of the Postal Directorate memo No. 17- 31/2016-GDS dated 15.07.2021, a GDS ABPM/Dak Sevak in TRCA Level-2 can be transferred to the post of GDSBPM level-1 and a GDS ABPM/Dak Sevak in level-1 can only be transferred to the post of GDS ABPM/Dak Sevak level-1 in TRCA slab-1. The applicant is currently working in TRCA Level 1 and the post of

Kalpeswar Behera post of BPM, Hariharpur BO which is a post of level-2. The decision of OA No. 969/2013 relied on by ld. Counsel for the applicant is not applicable to the facts and circumstances of this case since the facts involved in the said matter relates to 2011 policy. Therefore, we do not find any illegality on the part of the respondents warranting interference by this Tribunal.

6. The OA is accordingly dismissed. Pending MA’s stands disposed of. No costs.

(PRAMOD KUMAR DAS) (SUDHI RANJAN MISHRA) MEMBER (A) MEMBER (J)

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