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2026 Supreme(Online)(CAT) 3505

CENTRAL ADMINISTRATIVE TRIBUNAL
Manish Garg, J, Chhabilendra Roul, A
PINKESH – Appellant
Versus
UNION OF INDIA – Respondent
O.A. No. 1758/2025 | O.A. No. 1987/2025 | O.A. No. 1993/2025



Advocates:
For the Appellants/Petitioners: Mr. Yogesh Kr. Mahur, Mr. Harkesh Parashar
For the Respondents: Mr. Subhash Gosain, Mr. Mukesh Kr.

Reinstated employees are entitled to continuity of service and consequential benefits despite prior wrongful termination, in compliance with procedural rights under administrative regulations.

Headnote:(A) Administrative Law - Reinstatement - The applicants, previously appointed employees in the Department of Posts, challenged their termination, which was later quashed by the Supreme Court citing non-compliance with procedural justice. Applicants were reinstated but denied benefits under the principle of "No Work No Pay". The tribunal emphasized the need for compliance with statutory provisions under Fundamental Rules regarding regularization and pay fixation for reinstated employees. (Paras 2, 3.1, 6.1, 6.9, 7.1)

(B) Fundamental Rule 54-A - Indicates an employee must be granted pay and allowances if reinstated due to procedural non-compliance, mandating the protection of employment rights during absence due to wrongful termination.

Table of Content
1. tendency to maintain employment stability post-termination. (Para 1 , 2)
2. inadequate hearing leading to wrongful termination. (Para 3)
3. arguments regarding merit and wrongful termination. (Para 4 , 5)
4. practical implications of fundamental rule 54-a on reinstated employees. (Para 6)
5. final directions for compliance and entitlement. (Para 7)

ORDER

Hon’ble Mr. Manish Garg, Member (J)

Since a common question of facts and law arises in the present O.A.s, they are being disposed of through this common order. However, for the sake of brevity, the facts are being extracted from O.A. No. 1758/2025 with the consent of the learned counsel for the parties.

2. The reliefs prayed for in O.A. No. 1758/2025, reads as under:

“a) To quash and set aside the order dated 20.01.2025 bearing F. No. A-34018/15/2024-DE, passed by Director (DE), Department of Posts, Ministry of Communications, Government of India, to the extent of:

i) The clause 3 of the said order dated 20.01.2025 bearing F. No. A-34018/15/2024-DE, passed by Director (DE), Department of Posts, Ministry of Communications, Government of India; and

ii) Not granting the seniority benefits, salary, Arrears, Back Wages, Pay Increments, Promotions, fixation of seniority and other consequential benefits from the date of original appointments of the Applicants.

The details of the impugned orders in respect of Applicant No.1 to Applicant No.25 is as follows: -

a) Reinstatement letter vide memo No.B.1/1(a)/SA/Rect/2013-14 dated 21.01.2025 at Rajkot issued by the RMS "RJ Division Rajkot to Applicant No.1.

b) Reinstatement letter vide memo No.B.7/1/1/2013&14/2025 dated 21.01.2025 at Ahmedabad issued by the RMS "AM" Division Ahmedabad to Applicant No.2.

c) Reinstatement letter vide memo No.B.1/1/Reinstate/MONU/2024 dated 21.01.2025 at Bharuch issued by the Bharuch Division, Bharuch to Applicant No.3.

d) Reinstatement letter vide memo No.B.2/11/DR/PA/SA/2013-14 dated 03.02.2025 at Porbandar issued by the Porbandar Division, Porbandar to Applicant No.4.

e) Reinstatement letter vide memo No.B2/31/Rectt/RR/2013- 14/2025 dated 24.01.2025 at Junagadh issued by the Junagadh Division Rajkot to Applicant No.5.

f) Reinstatement letter vide memo No.B2/Recruitment/DR/2013-14 dated 21.01.2025 at Gandhinagar issued by the Gandhinagar Division Gandhinagar to Applicant No.6.

g) Reinstatement letter vide memo No.B2/1/Recruitment/DR/2013-14 dated 21.01.2025 at Gandhinagar issued by the Gandhinagar Division Gandhinagar to Applicant No.7.

h) Reinstatement letter vide memo No.B2/32/DR/RSC/2014 dated 24.01.2025 at Surendranagar issued by the Surendranagar Division Surendranagar to Applicant No.8.

i) Reinstatement letter vide memo No.B1/1/Reinstate/Parveen/2025 dated 21.01.2025 at Ahmedabad issued by the Ahmedabad Division Ahmedabad to Applicant No.9.

j) Reinstatement letter vide memo No.B1/1/Reinstate/BAS/2025 dated 21.01.2025 at Ahmedabad issued by the Ahmedabad Division Ahmedabad to Applicant No.10.

k) Reinstatement letter vide memo No.B1/1/Reinstate/KMD/2025 dated 21.01.2025 at Ahmedabad issued by the Ahmedabad Division Ahmedabad to Applicant No.11.

l) Reinstatement letter vide memo No.B2/27/O/PA/2013- 14/2025 dated 04.02.2025 at Rajkot issued by the RMS "RJ" Division Rajkot to Applicant No.12.

m) Reinstatement letter vide memo No.B2/27/O/PA/2013- 14/2025 dated 04.02.2025 at Rajkot issued by the Rajkot Division Rajkot to Applicant No.13.

n) Reinstatement letter vide memo No.B/MA:3655/2024 dated 03.02.2025 at Sonipat issued by the Sonipat Division Sonipat to Applicant No.14.

o) Reinstatement letter vide memo No.B/MA:3655/2024 dated 03.02.2025 at Sonipat issued by the Sonipat Division Sonipat to Applicant No.15.

p) Reinstatement letter vide memo No.B2/60(OS)2013-14 dated 07.02.2025 at Alwar issued by the Alwar Division Alwar to Applicant No.16.

q) Reinstatement letter vide memo No.B2-4/Direct PA Rectt/2013-14 dated 06.02.2025 at Jodhpur issued by the Jodhpur Division Jodhpur to Applicant No.17.

r) Reinstatement letter vi

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