Judgment:
The applicant was initially appointed as Postal Assistant on 24.8.1983 and was granted TBOP on 24.8.99. At one point of time he was asked to furnish option for his transfer and in response, the applicant chose Edacheri, Chorode and Madappalli College Post Offices. The applicant was not posted at any of the above place, but has posted as Sub Post Master, Kakkattil by Annexure A2 order dated 9.5.2008. The applicant was relieved on 26.5.08(AN). Lateron, on his repeated requests for transfer to any of the three places mentioned earlier, he was posted to Ahiyur Post Office by Annexure-A3 order dated 31.10.08. Though this was not one of the places of his choice, as the said station happens to be closer to the applicant's native place, the applicant was willing to be relieved. However, by the impugned Annexure-A1 order dated 11.11.08 the transfer order of the applicant as Sub Post Master, Ahiyur has been cancelled. The applicant has therefore, challenged the said cancellation order and prayed for direction to the respondents to give effect to the transfer order to Ahiyur Post Office as contained in Annexure-A3 order.
2. According to the respondents the applicant has been transferred to Kallachi Post Office and this transfer of the applicant from Kakkattil to Kallachi is on the ground that his work was found to be extremely unsatisfactory due to some concrete reasons. Severe lapses and irregularities were noticed on the part of the applicant, who was working as Sub Postmaster.
3. The applicant has filed rejoinder, in which he has referred to a Memorandum dated 12.1.09, whereby he was asked to reply to a show cause notice. According to him his earlier posting order of Annexure-A/3 was issued after passage of time and there is no plausible reason to cancel the same.
4. Counsel for the applicant argued that Group-C and Group-D employees are always considered for posting at nearby Post Offices and in this case, the earlier transfer was cancelled and he was posted as Postal Assistant at Kallachi Post Office on the ground that his work was found to be extremely unsatisfactory which is not justified. Counsel for the respondents, on the other hand, submitted that as long as the transfer is within the same post, the applicant cannot have any grievances against the said transfer.
5. Counsel for the applicant has submitted that the applicant was posted at Ahiyur which is nearer to his native place. His wife is employed in a bank at far off place and the applicant has two young children to be looked after. It is under this circumstance that he requested for transfer to nearby Post Office. It was initially acceded to by Annexure-A/3 order dated 31.10.08. However, without any reason, by Annexure-A1, the posting order stands cancelled and the applicant has been posted to Kallachi Post Office, which is about 45 Kms. away from his residence. Applicant has filed appeal against the said order which also stands rejected as per AnnexureR5. The counsel argued that cancellation of original transfer to Ahiyur and that transfer order to Kallachi are both illegal and invalid.
6. Counsel for the respondents submitted that as stated in the counter, the applicant's transfer from Kakkattil to Ahiyur has become necessary in view of various irregularities committed by the applicant when he was at Kakkattil Post Office.
7. Arguments were heard and documents perused. The initial transfer order to Ahiyur is a sort of confirmation that the respondents were satisfied with the genuineness of the applicant's request. However, this order was cancelled and due to certain other reasons, the applicant stands transferred to Kallachi.
8. Vide annexure to the rejoinder, the applicant has been issued a memorandum dated 12.01.09 under Rule 16 of CCS (CCA) Rules, 1965 making certain allegations against him. The applicant has filed a representation vide Annexure-A/6. In all expectation, the competent authority must be at it. If so, a decision can be easily taken in respect of the said memorandum. If the applicant vindicates his stand and gets exonerated or even if he is censured, his request for posting at Ahiyur vide order dated Annexure-A dated 31.10.08 may be reviewed and the applicant be posted there. Any incumbent who is already posted at Ahiyur shall have to vacate his seat as this Tribunal vide order dated 05.1.09 had directed that any posting of Sub Post Master at Ahiyur Post Office is subject to the out come of this case. If the applicant is visited with any penalty other than 'Censure', the transfer order to Kallachi will stand. A decision in this regard in the disciplinary proceeding may be taken within six weeks from the date of receipt of a copy of this order as the outcome of the proceedings has close nexus with regard to the transfer of the applicant. OA stands disposed of. No costs.