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2012 DIGILAW 360 (UTT)

Shekhar Chandra Joshi S/O Late Sri Gopal Dutt Joshi v. Chief Post Master General Uttarakhand Parimandal, Dehradun & Others

2012-07-06

TARUN AGARWALA

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Tarun Agarwala, J.— Heard Mr. Chandramauli Sah, the learned counsel for the petitioner and Mr. Vikas Pandey, the learned counsel for the respondents. The petitioner, being aggrieved by the transfer order dated 05.05.2008 and the consequential relieving order 21.05.2008, has filed the present writ petition in which an interim order 27.06.2008 was passed staying the transfer order. The brief facts leading to the filing of the writ petition is, that the petitioner is a permanent resident of Gram and Post Nayal, Tehsil Bhanoli, District Almora and was appointed as an Extra Departmental Delivery Agent in the year 1992 in Branch Post Office Nayal, Almora. The post of Extra Departmental Delivery Agent is now known as a Gramin Dak Sevak. The petitioner is governed by the Post & Telegraphs Extra Departmental Agents (Conduct and Service) Rules, 1964 as well as by the Department of Posts, Gramin Dak Sevaks (Conduct and Employment) Rules, 2001. Rule 3(iv) of the Rules of 2001 as amended on 01.09.2004 is extracted hereunder:- 3. (iv) A Sevak shall not be eligible for transfer in any case from one post/unit to another post/unit except in public interest; The said clause was clarified by the Ministry of Communication & I.T. Department of Posts vide Notification No.19-10/2004-GDS dated 17th July, 2006 by which it was specified as to what would constitute a public interest for the purpose of transfer of a Gramin Dak Sevak. The relevant portion of the letter dated 17th July, 2006 is extracted hereunder:- “2. In terms of amendment to Rule 3 of GDS (Conduct & Employment) Rules 2001, “a GDS is not eligible for transfer in any case from one post/unit to another post/unit except in public interest”. In order to have a uniform criteria, it has been decided to allow limited transfer facility to GDS from a post/unit to another under the existing provision of amended Rule 3 of GDS (Conduct & Employment) Rules 2001 on the following grounds: i. A GDS who is posted at a distant place on redeployment in the event of abolition of the post. ii. GDS appointed on compassionate grounds and posted at distant place. iii. Woman GDS on her marriage/remarriage.” A perusal of the aforesaid Rule 3(iv) of the Rules of 2001 as clarified by Notification dated 17th July 2006, reveals that a Gramin Dak Sevak cannot be transferred from one post/unit to another post/unit except in public interest. ii. GDS appointed on compassionate grounds and posted at distant place. iii. Woman GDS on her marriage/remarriage.” A perusal of the aforesaid Rule 3(iv) of the Rules of 2001 as clarified by Notification dated 17th July 2006, reveals that a Gramin Dak Sevak cannot be transferred from one post/unit to another post/unit except in public interest. The words “public interest” has been clarified where a Gramin Dak Sevak is redeployed to another place on abolition of the post or appointed on compassionate grounds and posted at a distant place or where a women Gramin Dak Sevak is transferred on her marriage/remarriage. The petitioner has been transferred from Chelcheena to Kafli Shuwakhan in District Almora. The impugned order does not indicate the reason for transfer of the petitioner in public interest. The counter affidavit, however, indicates that the petitioner was transferred because there was a requirement of work and that the post was vacant. In the opinion of the court, such grounds as mentioned in the counter affidavit cannot constitute public interest as clarified by the respondents vide Notification dated 17th July, 2006. In the light of the aforesaid, the impugned orders cannot be sustained and are quashed. The writ petition is allowed accordingly. ___________