GAHC010286742025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/448/2026 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, GOVERNMENT OFFICE INDIA, MINISTRY OF COMMUNICATIONS, DEPARTMENT OF POSTS,DAK BHUWAN NEW DELHI 1

2: THE SECRETARY GOVT OF INDIA MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATION SAMCHAR BHAWAN NEW DELHI 1

3: THE GENERAL MANAGER POSTSL ACCOUNT WING NEW DELHI 54

4: THE CHIEF POSTMASTER GENERAL ASSAM MEGHDOOT BHUWAN GUWAHATI ASSAM PIN 7 81001

5: THE DIRECTOR POSTAL ACCOUNT WING DEPARTMENT OF POSTS DAK BHUWAN NEW DELHI 1

6: THE CONTROLLER OF COMMUNICATION ACCOUNT ASSAM TELECOM CIRCLE GUWAHAT VERSUS IMRANA BEGUM POSTAL ASSISTANT, DO FAKHARUL ISLAM MOTIRAM BORA PATH, WARD NO 13 , PO NAGAON , DIST NAGAON ASSAM Advocate for the Petitioner : MR. B CHAKRAVARTY, Advocate for the Respondent : MR D N SARMA, FOR CAVEATOR BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

02.02.2026 (M. Zothankhuma, J)

1. Heard Mr. B. Chakravarty, learned counsel for the writ petitioners and Mr.

D.N. Sarma, learned counsel for the respondent/caveator.

2. The petitioners have put to challenge the impugned order dated 26.06.2025 passed by the Central Administrative Tribunal, Guwahati in Original Application No.040/00169/2019, by which the writ petitioners have been directed to consider the case of the respondent for appointment as Assistant Accounts Officer against available vacancy and to promote her w.e.f the date of joining of the junior in the promoted post, within a period of three months from the date of receipt of the order.

3. The learned counsel for the writ petitioners submits that the respondent could not be promoted to the post of Assistant Accounts Officer, inasmuch as, the Recruitment Rules required the candidate to have 9 (nine) years of qualifying service in Level-4, i.e. the feeder post of Postal Assistant which was being held by the respondent. The respondent had been allowed to participate in the examination/selection process for the post of Assistant Accounts Officer, despite not having the nine years qualifying service. However, even though the respondent had passed the examination, the respondent could not be promoted due to the respondent not having the qualifying service.

4. The counsel for the respondent, on the other hand submits that in terms of the Note to Column-11 of the Schedule provided in “The Indian Posts & Telecommunications Accounts & Finance Service (IP&TAFS) Group “B” (Accounts Officers & Assistant Accounts Officers) Recruitment Rules, 2018” (hereinafter referred to as the “Rules”), a senior can be considered for promotion when his juniors, who have the qualifying or eligibility service are considered for promotion. The only requirement is that the seniors should have completed more than half of such qualifying or eligibility service, or 2 years, whichever is less. Further, they should have successfully completed their probation period for promotion to the next higher Grade along with their juniors who had already completed such qualifying or eligibility service.

5. The learned counsel for the respondent submits that though at first glance it appears that a junior cannot have a longer length of qualifying or eligibility service than his seniors, Rule 38 of the Posts and Telegraphs Manual, Volume IV, Chapter-I, hereinafter referred to as the “Manual” shows that a junior can have a longer length of qualifying or eligibility service than his seniors in certain situations. He submits that Assam is made up of 11 Circles/Divisions. When a person is transferred from one Division to another on own request, though the transferred person would become junior to those persons already serving in the transferred Circle/Division. He submits that one Sri Prabitra Saharia had initially joined as a Postal Assistant in Guwahati Division on 27.11.2006. The respondent, on the other hand had joined the Darrang Circle/Di