om:146-cl-2021-Nov — Fourteen Applicants in this OA declined their promotion to LSG (PAO General Line) from the post they were holding as Postal (Assistant) at Bhavnagar Division of Department of Posts. Hence this OA is filed as the Applicants were sent to other divisions as LSG thereby the Applicants rejected their promotion. Opportunity is given to the employees to reject their promotion if they are shifted out to a station which is not in their liking. Hence the question of rejection of promotion or

Fourteen Applicants in this OA declined their promotion to LSG (PAO General Line) from the post they were holding as Postal (Assistant) at Bhavnagar Division of Department of Posts. Hence this OA is filed as the Applicants were sent to other divisions as LSG thereby the Applicants rejected their promotion. Opportunity is given to the employees to reject their promotion if they are shifted out to a station which is not in their liking. Hence the question of rejection of promotion order posting the Applicants to a station which is not to their liking is valid and the Applicants' rejection of this promotion is in order — The chunk pertains to the Applicants praying for the setting aside of their promotion orders dated October 27 and 26, 2020, and seeking restraint from transfer from their current cadre and place of p... — Facts: Applicants in this OA who were working as Postal Assistants under CPMG, Gujarat Circle at Bhavnagar Division were promoted to LSG cadre on regular basis. But the Applicants did not carry out their transfer on promotion outside their present posting as Postal Assistant . Hence they pray for setting their promotion order, dated 27-10-2020 and 26-10-2020 and pray for restraining their transfer issued by Respondents from the present cadre and place of posting.

Tribunal considered the prayer of the Applicants. Para. 8 of the order, dated 16-7-2020 (R/4) stipulates that official declining the promotion will be considered for promotion only after one year from the date of declination or availability of next vacancy, whichever is later subject to other conditions prescribed.

Respondents' letter, dated 26-10-2020 (A/2) intimated Postmaster of the Region (R/3) who rejected the 184 requests for the declination of promotional post outside the circle where they are now working as Postal Assistant. Refusal of promotion order due to the reason of posting outside their division where they were working presently may be accepted or not as stated in Para. 8 of the Memorandum, dated 16-7-2020 (R/4). The list of consequences is listed in Paras. 7 to 9 of the order, dated 16-7-2020 (R/4).

Basis of declination by someone and acceptance of promotion to other divisions is also not clear.

Enforcing of promotion orders are examined and the consequence of declination is contained in Paras. 7 to 9 of the Respondents' Memo, dated 16-7-2020 (R/4). Tribunal observed that if the Respondent expressly allow officials to decline their promotion is contained in Paras. 7 to 9 of Respondents' memo, dated 16-7-2020 (R/4).