CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI BENCH, MUMBAI.

ORIGINAL APPLICATION No.584/2025 Dated of Decision:06.02.2026.

Coram: Hon'ble Shri Justice M.G. Sewlikar, Member (J)

Hon'ble Shri Sangam Narain Srivastava, Member (A)

Smt. Vibhali Gajinkar, wife of Deepak Gajinkar, Age-52 years, then LSGPA, Borivali Head Post Office, Resident of: 3/C/4 Nishigandha CHS Ltd, NNP PLOT: 5, Goregaon, East, Mumbai-400065, (Mob:9167470031)

Email: mvibhali7@gmail.com. Applicant …

(By Advocate Shri D.M. Shukl)

VERSUS

1. Union of India (through Chief Postmaster General, Maharashtra Circle), Mumbai-400001.

2. Director Postal Services, Mumbai Region, O/o PMG, Mumbai Region, Mumbai-400010.

Email: dps_mr@indiapost.gov.in

3. Sr. Supdt. of Post Offices, Mumbai North West Division, Kandivali (East)

Mumbai-400101.

Email :domumbainorthwest_mh@indipost.gov.in

4. Ajit Ubale, then Postmaster Borivali Head Post Office now working at BPC, Dadar Head Post Office, Mumbai-400014.

5. The Secretary, Department of Personnel & Training, North Block, New Delhi -110001. Email: secy_mop@nic.in.

6. The Secretary, Posts Dak Bhawan, New Delhi-110001.

Email: secretary-posts@indiapost.gov.in.

7. Hon'ble Member-Secretary, National Commission for Women, Plot-21, Jasola Institutional Area, New Delhi-110025.

Email: ncw@nic.in. Respondents …

(By Advocate Mrs. N.V. Masurkar)

ORDER(ORAL)

Per: Sangam Narain Srivastava, Member (A)

The applicant has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“8 A) Hon'ble Tribunal may be pleased to allow this OA.

8B) Hon'ble Tribunal may be pleased to set- aside the (i) arbitrary, impugned letter No.MR/STA/7-2/Superannuation-Vol. Ret/ NW/2025-26 dated 02/06-06-2025 {Anx.A-1}, (ii) memo 02 No.NW/B1/ Vol. Ret- LSG/VDG/2024-25 dated 25.02.2025 read with memo No.MR/STA/7-2/ Superannuation-

Vol.Ret /NW/2024-25 dated 19.2.2025 (A-2), (iii) impugned arbitrary letter No.NW/B1/Vol.Ret/ LSG/VDGajinkar/2024- 25 dated 28.02.2025 (Anx.A-3), (iv) impugned "Charge-Relinquishment-Report dated 01.3.2025 (Anx.A-4} and further order the respondents to allow the applicant to join her duty at the earliest with all the consequential benefits including continuity, seniority;

8C) Hon'ble Tribunal may further please to declare that action of the respondents concerned of quoting, relying upon the Rule 43 (6) of CCS (Pension) Rules, 2021 {Anx.A-5} is arbitrary, hyper-technical to the extent that postal respondents interpreted it in the hyper-technical manner exhibiting lack of administrative wisdom.

8D) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the Applicant.”

2. The facts of the case are that the applicant made an application for voluntary retirement on 28th November, 2024 (Annexure A-6) giving three months’ notice and intended date of VRS as 01st March, 2025. On 19th February, 2025, the applicant made an application to the SSPOs for withdrawal of the VRS given earlier. The VRS was accepted on 14th February, 2025 and communicated to the applicant on 27th/28th February, 2025 vide letter dated 19th February, 2025 of Assistant Director Postal Services (Staff). The applicant made a representation on 02nd May, 2025 (Annexure A-10) for reconsideration and cancellation of her voluntary retirement. The said representation along with the cancellation request for VRS dated 19th February, 2025, came to be rejected as the cancellation request for VRS has to be made atleast 15 days before the intended date of VRS in terms of Rule 43(6) of CCS (Pension) Rules, 2021.

2.2 Learned counsel for the applicant submitted that the applicant conveyed her changed situations and requested for meeting on 07th February, 2025 to explain why withdrawal of VRS notice was essential; that the applicant submitted application twice i.e., on 10th February, 2025 and again on 19th February, 2025; that the Senior Superintendent of Post Offices was not the appointing authority of the applicant and was therefore, not competen