Transfer orders issued under administrative grounds must be complied with unless legally invalid; unauthorized absence leads to disciplinary actions.

ORDER

By Hon’ble Ms. Manju Pandey, Member (A):

The applicant in person and Mr. Vidyapati Tripathi, learned counsel for the respondents, are present and heard.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 , praying for the following relief(s):-

“(i) The Honble Tribunal may graciously be pleased to quash the- (1) Impugned Memo No. B/Ram Chandra Prasad/D.P.dated Bahraich 28.06.2012, issued by Spos Bahraich respondent 6 Annexure A-1 as well as.

(ii) Impugned Memo No. B/Ram Chandra Prasad/12-13 dated Bahraich 26.06.2017, issued by Spos Bahraich respondent No.6 Annexure A-2 as well as.

(iii) Impugned Memo No. R.P.G/VIG/M-19/16/2014 dated 07-02-2017,issued by D.P.S Gorakhpur respondent No. 4 Annexure A-3 as well as.

(iv) Impugned Memo No. VIG/P-42/2017/5 dated Lucknow 01.11.2018 issued by Chief Post Master General U.P.circle Lucknow respondent 2 annexure A-4 and the Honble Court may kindly be pleased to reinstate (notionally) to the applicant at his post Azamgarh Division with effect from the date of 25.08.2009 to till Ram Chandra Prasad Dak Sahayak Head Post Office Azamgarh date of retirement on superannuation dated 30.04.2019 and to regularize the intervening period dated 25.08.2009 to 30.04.2019 spent on duty by the applicant Ram Chandra Prasad Dak Sahayak Head Post 0 30.04.2019 the applicant has already tore his duty, for the pay and Office Azamgarh on the same post and for the same period 25.08-2000 allowances with all consequential and retirement benefits.

The Honble Court may further be pleased to order to respondents to grant of the timely annual (notional) increment and timely (notional) promotion and accordingly fixation of pay and its arrear at rate of 6% int. in Azamgarh Division for intervening period from 25.08.2009 (Note: the pay upto 31.08.2009 has already been paid by the authority of Azamgarh at Head Post office Azamgarh on 31.08.2009) to 30.04.2019 and accordingly fixation of pension from date of retirement on Superannuation dated 30.04.2019/01-05-2019 with D.C.R.G. and with all other consequential retirement benefits.

(III) The Honble Tribunal may further be pleased to issue any other writ or order or direction which deems fit and proper in the circumstances of the case

(IV) The Honble Tribunal may further be pleased to issue the order or direction to not to harass the applicant for further.

(V) Cost of this O.A. may also be awarded on the respondent.”

3. The brief facts of the case are that the applicant was working as Postal Assistant at Head Post Office, Azamgarh, under Azamgarh Division. On 24.08.2009, transfer orders were issued by different authorities transferring the applicant from Azamgarh Division to Sub Post Office, Sirsia, Bahraich Division, purportedly under Rule 37 of Postal Manual Volume-IV. The applicant contends that the transfer order was not issued by a competent authority and that despite the transfer order, he continued to work at Azamgarh Head Office. It is stated that no relieving order was lawfully served upon him and that he never assumed charge at the transferred place at Bahraich. Subsequently, disciplinary proceedings were initiated by the Superintendent of Post Offices, Bahraich, treating the applicant as unauthorizedly absent from duty at the transferred place. A charge memo was issued and disciplinary proceedings were conducted ex-parte. As a result, an order of dies-non for the period from 03.09.2008 to 26.06.2012 was passed on 26.06.2012, followed by an order of compulsory retirement dated 28.06.2012. The applicant’s case is