(Reserved on 18.02.2026)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

Original Application No. 234 of 2011 Pronounced on 25 th February, 2026.

Hon’ble Mr. Justice Om Prakash VII, Member (J)

Hon’ble Mr. Mohan Pyare, Member (A)

Manvendra Singh son of Sri Ram Pyare, resident of Village and Post Indupur, Gauri Bazar, District Ballia.

……….. Applicant By Advocate: Shri Vinod Kumar Versus

1. Union of India through the Secretary, Ministry of Communication, Department of Post, New Delhi.

2. Post Master General, Gorakhpur Region, District Gorakhpur.

3. Director of Postal Services, Gorakhpur Region, Gorakhpur.

4. Superintendent of Post Offices, Deoria, District Deoria.

5. Sub Divisional Inspector, Post Office West, Deoria, District Deoria.

MANISH KUMAR SRIVASTAVA ------- Respondents By Advocate: Shri K.K. Ojha ORDER By Justice Om Prakash VII, Member (J)

The present original application have been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 seeking following reliefs:-

(i) To issue an order/direction in the suitable nature quashing the order dated

10.02.2011 (Annexure A-1) and further direct the authority not to interfere functioning of applicant as Branch Post Master Belkunda, District Deoria in view of the appointment letter dated 28.12.2005 issued by the respondent authorities.

(1a) To issue an order or direction in the suitable nature, quashing the order impugned dated 5.11.2020 passed by respondent No. 4 (Annexure No. A-1 to compilation No. 1) and further be pleased to reinstate the applicant on his respective post and regular salary may be paid to him.

(ii) To issue an order/direction in the suitable nature mandamus directing the respondents to pay salary to the applicant regularly as admissible under the rules.

(iii) To issue any order or direction, which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(iv) To award the cost of the application to the applicant”.

2. The brief facts of the case are that the applicant was duly appointed as G.D.S. Branch Post Master, Belkunda (Gauri Bazar), District Deoria by the competent authority vide appointment letter dated 28.12.2005 against a clear and existing vacancy. The appointment was made after due consideration of the applicant’s continuous service rendered in the department since 16.12.2000 and there was no irregularity or illegality in the process of appointment. Despite issuance of the appointment letter, the applicant was not permitted to join the post, compelling him to approach this Tribunal by filing OA No. 92 of 2006, wherein an interim order was passed restraining appointment of any other person on the said post. The said Original Application was finally decided on 02.07.2008 with directions to the respondents to consider the applicant’s claim. However, the respondents rejected the claim by order MANISH KUMAR SRIVASTAVA dated 22.10.2008, which was challenged by the applicant by filing OA No. 1188 of 2008. Pursuant thereto, the respondent department conducted an enquiry and vide order dated 18.02.2009, the Post Master General, Gorakhpur Region directed appointment of the applicant on the post on which he had earlier been working. In compliance thereof, a formal appointment order dated 21.03.2009 was issued appointing the applicant as G.D.S. Mail Deliverer/Carrier, Pachrukha Branch Office (Sarawn), Deoria and the applicant joined service on 23.03.2009 Thereafter, on the applicant’s request, he was transferred to Lapkani (Gauri Bazar) on the same post and pay scale and he joined the transferred place on 17.06.2009. Necessary training was also directed by the department. The applicant continued to discharge his duties without any complaint. After more than nine years, a show cause notice dated 10.02.2011 was issued proposing cancellation of the applicant’s appointment and transfer. Aggrieved, the applicant filed the present Original Application. During its pendency, respondent no. 4 passed a termination orde