CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 414 OF 2020 Reserved on :06.01.2026 Pronounced on :07.01.2026 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Sri Ashok Kumar Sethi, aged about 47 years, S/o Late Bairagi Sethi, Vill Satakabad, PO Biswanathpur, PS Balipatna, Dist Khurda (Gr. D).

……Applicant VERSUS

1. Union of India represented through its Director General of Posts, Ministry of Tele- Communications, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi - 110001.

2. The Chief Post Master General, Orissa Circle, Bhubaneswar, Dist Khurda – 751001.

3. Sr. Superintendent of Post Offices, Bhubaneswar Division, Bhubaneswar, Khurda 751001.

4. Assistant Supt. Post Offices, Bhubaneswar North Division, Bhubaneswar 751003.

5. Postmaster, IRC Village, Bhubaneswar 751003.

……Respondents For the applicant : Mr. Dilip Kumar Mohanty, counsel For the respondents: Mr. A K Rath, counsel O R D E R Hon’ble Mr.Sudhi Ranjan Mishra, J.M.

The applicant challenging the action of the respondents in not regularizing his service in any GDS Post or Group D and challenging the order dated 01.10.2013, 30.09.2015 & dtd.

06.07.2020 has filed this OA praying for following reliefs:

a) To quash the order dt. 01.10.2013 & 30.09.2015 under Annexure A/3, A/9 & A/11 respectively.

b) To direct the Respondents to absorb permanently to the applicant in any GDS Post/Group D keeping in view of G1 Dept of Posts circular dt. 17.05.1989 and various judge made law.

c) To pass any other order/orders as deem fit and proper.

2. The brief fact of the case as inter alia averred in the OA is that he was initially engaged as ED Packer-cum-Mail Carrier (now GDS Packer-cum-Mail Carrier) in IRC Village Post Office as a casual labourer and sometimes he worked as substitutes/part time contingent paid sweeper since 01.06.1991 till August 2015. It is submitted that applicant had filed OA No. 519/2013 which was disposed of vide order dated 21.08.2013 directing the respondents to dispose of his representation. It is submitted that respondent no. 3 even though admitted the fact that he 3w as working since 1991 rejected his prayer for regularization vide order dated 01.10.2013. It is submitted that some similarly placed employees had filed OA No. 227/2011 which was disposed of vide order dated 08.05.2012 directing the respondents to treat the applicants therein as part time casual labourer from 1994 and to examine whether the applicants therein could be made full time by readjustment or combination of duties, to examine whether the applicants therein have served 480 days in a period of two years so as to treat them for the purpose of recruitment as per Dept. of Post letter dtd. 17.05.1989 and rank them in priority at sr. no. (iii). It is submitted that when the same was not considered by the respondents, contempt petition was filed and during the pendency of the CP the respondents had challenged the said order was confirmed by Hon’ble High Court and the order was complied by the respondents. It is submitted that respondents did not regularize the service of the applicant so he filed OA No. 200/2015 which was disposed of vide order dated 21.04.2015 directing the respondents directing the respondents to dispose of his representation. It is submitt4e d that vide order dated 30.09.2015 the respondents rejected his prayer and he filed OA No. 71/2016 challenging the same which was disposed of vide order dated 20.01.2020 directing the respondents to examine the case of the applicant in the light of the DG post letter dtd. 17.05.1989 and pass appropriate orders. It is submitted that the respondents rejected his claim vide order dated

06.07.2020. Hence the OA.

3. The respondents in their counter inter alia averred that the applicant has been working as part time contingent paid sweeper at IRC village sub post office under Bhubaneswar Division for sometimes since 1999. It is submitted that he had worked as substitute of regular GDS during their leave fo