CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 6^th day of February, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member S. Abdul Khadar Jilani, S/o S. Fakruddin, Aged about 41 years, working as Day Watchman, Nandyal, Railway Station, Post Office, LSG, S.O, Nandyal - 518502.

.... Applicant.

(By Advocate : Mrs. Rachna Kumari)

Vs.

1. The Union of India, rep. by The Chief Postmaster General, A.P. Circle, Vijayawada.

2. The Postmaster General, Vijayawada Region, Vijayawada.-520003.

3. The Superintendent of Post Offices, Nandyal Division, Nandyal.518502

4. The Postmaster, Head Post Office, Nandyal.518502.

... Respondents.

(By Advocate: Mrs. N Naga Prasanthi, Addl.CGSC)

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ORAL ORDER

(As per Hon’ble Ms. Shalini Misra, Administrative Member)

By this Original Application, the applicant is seeking the following relief(s):-

“That this Hon'ble Tribunal may be pleased to call for the records pertaining to the impugned inspection report dated 06.01.2021 and set aside the same on which applicant was down graded from night watchman to day watchman reducing the salary with effect from February 2021, declaring the same as arbitrary, illegal unwarranted, misconceived and in violation of Articles 14 and 16 of the Constitution of India; and to direct the Respondents to restore the post of night watchman and salary of the applicant and to regularize the services of the applicant; with all the consequential benefits; and be pleased to pass such other order or orders as the Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. I) The brief facts of the case are that the applicant was appointed as Part-time Contingent Night Watchman/Gardener in the respondents’ organization vide Order dt. 16.09.2011. Thereafter, vide Order dt. 20.09.2012, he was also entrusted with the duty of Caretaker of Inspection Quarters situated in the premises of Nandyal RS LSG SO, along with Night Watchman/Gardener duties, with immediate effect and without any additional remuneration. It is submitted that the applicant had also attended the MTS duties at the 4^th Respondent office in vacant post from 31.01.2012 to 03.01.2013. He was paid a monthly salary of Rs. 17003/-.

II) It is submitted that the Respondent No.4 conducted Inspection on 05.11.2020, 06.11.2020 and 07.11.2020 and submitted a report, stating that the Sub-office has establishment charges for Contingent Chowkidar and there is no Departmental Night Watchman to Nandyal RS building as well as Division office and a contingent watchman arrangement is being continued who is looking after gardening work and also IQ attendance The Respondent No.2, in his report, recommended that it is better to utilize the services of one MTS as Night Watchman to provide better security to the Sub-Office as well as the Departmental property, simultaneously utilizing the services of Contingent Watchman for gardening, IQ Attendance and MTS assistance to WCTC, Nandyal and POPSK during day hours and cleaning of tables on which though the applicant was working as night watchman and salary was paid to Rs.17003/- every month. Thereafter, all of a sudden, due to the Inspection Report dt. 06.01.2021, the pay of the applicant was reduced to Rs.7677/-, without considering the letter which was issued to utilize the services of the applicant as Night Watchman. Further, the said action was taken without issuing any notice or giving any opportunity to the applicant. Aggrieved over the same, the applicant submitted Representations dt. 28.04.2021 & 08.11.2021, but there was no response from the Department. It is further submitted that the applicant had put more than 10 years of service and he is eligible for regularization. Due to reduction of his salary, he is facing hardship to maintain his family. The applicant’s counsel prayed to allow the OA.

3. I) After notices were issued, the respondents have appeared through their counsel and filed reply, opposing the relief. It is