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2025 Supreme(Online)(CAT) 15073

CENTRAL ADMINISTRATIVE TRIBUNAL
Bhagwan Das – Appellant
Versus
D/o Post – Respondent
O.A./288/2017



(Reserved on 27.11.2025)

Central Administrative Tribunal, Allahabad Original Application No.288 of 2017 Pronounced on this the 9th Day of December, 2025 Hon’ble Mr. Justice Om Prakash VII, Member (J)

Hon’ble Mr. Mohan Pyare, Member (A)

Bhagwan Das 49 years son of Late Nageshwar Prasad, Resident of 379, Gandhi Nagar Basti.

…Applicant By Advocate: Shri A.K. Dave Versus

1. Union of India through the Secretary, Department of Posts, Ministry of Tele communication, Dak Bhawan Sansad Marg, New Delhi.

2. Chief Post Master General, U.P. Circle Lucknow.

3. Post master General, Gorakhpur Region, Gorakhpur.

4. Director, Postal Services Gorakhpur Region, Gorakhpur.

5. Superintendent of Post Offices, Basti Division, Basti.

6. Post Master Head Post Office, Basti.

Respondents By Advocate: Shri Vidyapati Tripathi

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“i) To quash the impugned order dated 16.12.2014 (Annexure NoA-1) passed by the Superintendent of Post Office, Basti Division Basti (Respondent No.5) to this application.

ii) To direct the respondents to grant the pay scale Rs.4400-7440+1300/- from the date other similarly situated C.P. Chaukidar are being paid, with all consequential benefits particularly since January 2006.

iii) To pay the difference of amount of the salary alongwith interest.

iv) To direct the respondent to grant G.P.F. and all other benefits admissible to Group ‘D’ employees.

v) To grant all sort of leave i.e. earned, casual, medical etc.

vi) To grant Holiday as admissible to regular employee.

vii) Any other relief as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

viii) cost of the application.”

2. Brief facts of this case are that the applicant was initially appointed as Casual Labour in the department of posts having been engaged as contingency paid waterman in the office of Head Post Office Basti during the period between 23.4.1987 and 25.5.1993 with broken spell. The applicant was given charge of waterman by one Shri Asha Ram at Basti H.O. on 29.4.1993 F/N in accordance with the verbal order from P.M. Basti and he continued to discharge duties of Waterman up to 25.5.1993 and thereafter handed over the charge of waterman to Shri Asha Ram. It is further submitted that the applicant was utilized as C.P. Chaukidar also as and when required. The Superintendent Post Office, Basti, on 10.3.1992, placed requisition before the Employment Office, Basti to send the names of eligible persons for filing one post of contingency paid Chaukidar in Sub Post Office Purani Basti. It is submitted that the Employment Officer earlier forwarded 20 names for the said post but later on only 5 names were forwarded on request of Superintendent Post Office, Basti. In the meantime the applicant also came to know about filling up the post of C.P. Chaukidar and submitted an application for C.P. Chaukidar on the basis of past services in the departments. Respondent no.3, after considering applicant's application directed respondent no.5 to consider the applicant for appointment to the post of C.P. Chaukidar. The Superintendent of Post Office, Basti Division, Basti (Respondent No.5) directed Assistant Superintendent Post Office Purani Basti by his letter dated 4.4.1994 to consider the case of the applicant for appointment. Thereafter, the applicant was appointed as C.P. Chaukidar in Sub Post Office Purani Basti by order dated 7.6.1994 and since then the applicant has been continuously discharging duties as C.P.

Chaukidar

3. While the applicant was working as C.P. Chaukidar one Shri Goverdhan filed an Original Application before the Central Administrative Tribunal Allahabad on 5.7.1994 registered as O.A. No.1147 of 1994 with a prayer to quash the orders dated 29.3.1994 and 4.4.1994 but the appointment order of the applicant dated 7.6.1994 was not challenged before the Hon'ble Tribunal. After excha

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