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2026 Supreme(Online)(CAT) 2465

CENTRAL ADMINISTRATIVE TRIBUNAL
Ishwar Chand Saini – Appellant
Versus
Post Up Circle – Respondent
O.A./697/2022



(Reserved 11.02.2026)

CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD Pronounced on 25th day of February, 2026 Original Application No.697 of 2022 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Ishwar Chand Saini, a/a 52 years, S/o Shri Laxman Ram Saini, R/o Village and Post Chahaniya, District Chandauli ....Applicant PUNIT KUMAR By Advocate: Shri Lakhan Singh kushwaha MISHRA VERSUS

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

2. Chief Post Master General UP Circle, Lucknow

3. Post Master General, Allahabad Region, Allahabad

4. Senior Superintendent of Railway Mail Services, A Division, District Allahabad

5. Rakeshwar Tiwari, Mail Man, Sub Records Office, Varanasi, Office of Senior Superintendent of Railway Mail Services, A Division, District Allahabad ... Respondents By Advocate: Shri Chakrapani Vatsyayan

O R D E R

Heard Shri Lakhan Singh Kushwaha, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents at the time of hearing of the case.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs:-

8 (i) this Hon’ble Tribunal may graciously be pleased to quash the impugned order dated 25.07.2022 passed by respondent-4.

(ii) This Hon’ble Tribunal may graciously be pleased to issue an order or direction in the nature of mandamus directing the respondents to regularize the services of the applicant w.e.f. the respondent-5 has been regularized in the Department.

(iii) This Hon’ble Tribunal may graciously be pleased to issue a order or direction in the nature of mandamus directing the respondents to give the benefit of regularization of services as per the instant rules with all consequential benefits.

iv. Any other relief which this Hon’ble Tribunal may deem fit and proper under the facts and circumstances of the case may be given in favour of the applicant.

v. Award the costs of the original application in favour of the applicant

3. The case of the applicant lies in a narrow compass as under:-

PUNIT KUMAR MISHRA

3.1 The applicant was initially appointed as Farrash vide Order No. UP-Athi-Adhi-Vsi/Farrash/50 dated 09.10.1990, issued by the Sub Record Officer, Varanasi, who was the competent authority. One Shri Rakeshwar Tiwari was also appointed as Extra Departmental Mail Man (hereinafter referred to as EDMM) vide appointment order dated 20.08.1990. After his appointment, the applicant rendered his services as Farrash, but the respondents orally terminated his services in December, 1990 and directed him not to attend the office.

3.2 Thereafter, the applicant made several representations before the respondents. Finally, he was again appointed as Farrash vide letter dated 20.11.1997 and has been continuously working since 20.11.1997 without any break, receiving salary accordingly. The applicant as well as respondent- 5 were initially appointed to the same post by the same authority and were terminated in 1990. However, respondent-5 was regularized in service in 1996, whereas the applicant has been working as Farrash since 1990 on a casual labour basis. Therefore, he earlier approached this Tribunal by filing Original Application No. 1844/2010, which was disposed of vide order dated 12.07.2022 with a direction to the applicant to file a fresh representation, bringing out all relevant facts of the case, addressed to the respondents within two weeks. The respondents were directed to dispose of the same by passing a reasoned and speaking order within three weeks thereafter.

3.3 In compliance with the aforesaid order, the applicant filed a detailed representation before the respondents on 18.07.2022. However, the respondents, vide order dated 25.07.2022, rejected the applicant’s claim for regularization of service, holding that he was not eligible for pension or family pension. The order dated 25.07.2022 is impugned in the present Original Applicat

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