Administrative authorities must reconsider applications for GDS transfer/absorption by applying the broader definition of 'recruitment unit' instead of strictly adhering to internal TRCA-slab restrictions, in line with established judicial precedents upholding fair consideration of existing employees for vacant posts.

O R D E R

SUDHI RANJAN MISHRA, MEMBER (J):

The Applicant has filed this Original Application praying for direction to the Respondents to delete the post of BPM, Mahura from the Notification 02.05.2022 for filling up of said post through direct recruitment and to absorb the applicant in the said post permanently; and to declare 3rd row of the Table at Para X of Annx.-R/1 as illegal and strike down the same and, further to direct the respondents to make suitable provision for allowing inter category transfer irrespective of the TRCA Slab and allow the applicant to permanently work against the post of GDSBPM, Mahura Branch Post Office or alternatively to post the applicant against any other post of his choice. It is stated that though he was substantively appointed to the post of GDSMD-I, Janla SO under Bhubaneswar Postal Division, on the direction of the competent authority, he has been working as GDSBPM, Mahura BO in account with Janla Sub Post Office till date. He submitted representation praying for his absorption as GDSBPM, Mahura BO but the authority concerned without considering his representation issued notification dated 02.05.2022 (A/8) inviting applications for recruitment to GDS in various Branch Post Offices, which includes the posts of GDSBPM, Mahura BO and last date of receipt of applications was given in the notification as 05.06.2022. Thereafter, he also submitted representation on 09.05.2022 requesting consideration of his absorption in the said post but no action has been taken thereon.

(1-a) It is the case of the Applicant that out of 24 years, he had already rendered 19 years of service in the post of GDSBPM. He is having the requisite educational qualification to hold the post of GDSBPM and has been continuing in the post of GDSBPM Mahura BO since 2018. The respondents issued OM dated 15.07.2021 (R/1) confining the zone of consideration of transfer of only ABPM L-1 to ABPM L-1 in Para X of the said OM, which is illegal. Hence, by making TRCA slab for considering the transfer is irrational and illogical since, there is no fixed TRCA of the GDS employees and as per rules, the TRCA varies from time to time, depending upon the work load of the concerned BO. Hence by making TRCA slab for considering the transfer is irrational and illogical.

(1-b) There are instances where the department transferred GDS employee from one BO to other without considering the TRCA slab and, lower stream GDS employees, having requisite educational qualification, have been transferred and absorbed in higher stream of GDS BPM. Hence, it is stated that fixing the TRCA slab in the matter of transfer/absorption of GDS is highly illegal, arbitrary, unreasonable, unwarranted and uncalled for and that, albeit, the substantive appointment of the applicant was to the post of GDSMD, since he had already served in the post of GDS BPM for 19 years out of total service of 24 years, without considering his absorption in the post of GDS BPM, Mahura BO inviting notification for the said post is highly illegal, arbitrary and is violative of the provision enshrined in Articles 14 and 16 of the Constitution of India.

(1-c) It is stated that for the purpose of his mother’s treatment, his request for absorption in the post of GDSBPM, Mahura BO deserves to be considered.

(1-d) By highlighting the points noted above and pressing reliance on the decision of the Hon’ble Apex court in the case of Jaggo Vs UOI & Ors, 2024 INSC 1034, Ld. Counsel for the applicant passionately prayed for granting the relief prayed for by the applicant in the OA.

2. On the other hand, it is the case of the Respondents that the GDSMD is termed as ABPM as p