ups_00387 — A GDS employee, if failed to give his willingness to work in any other Post Offices on abolition of the Post Office where he was working cannot claim the relief of posting him after discharge from the abolished Post Office where he worked

A GDS employee, if failed to give his willingness to work in any other Post Offices on abolition of the Post Office where he was working cannot claim the relief of posting him after discharge from the abolished Post Office where he worked — This chunk is from a court case where an employee, initially appointed as GDS BPM at Dundahera Sub-Post Office, was re-employed at Akera after his office was closed and merged with another one. Howev... — Facts: The Applicant herein, was initially appointed as GDS BPM, Dundahera Sub-Post Office H.O., Gurgaon with effect from 11-11-1997. That Post Office was closed by R-4, Superintendent of Post Office under the instructions of CPMG, R-2 herein, and merged with Dundahera Branch Post Office and relocated at Akera (PPO Village) in District Rewari. The Applicant was also re-employed in the new branch Post Office at Akera. But he made representation to retain him at Branch Office, Dundahera or any other Post Office nearby. R-4 had given him choices of other Post Offices to choose from. But he kept silent and on 25-10-2012 after an elapse of 2 years and 6 months he made a representation to R-2 to accommodate him at Industrial Complex, Dundahera and Palam Road Sub Post Office, Gurgaon. "Hence as per Rule-22 of GDS (Conduct and Engagement) Rules, 2011, if E.D. Agent refuses to accept the offer of alternate re-employment which is at the same station or neighbourhood, his name should not be kept in the waiting list". Hence he filed this OA for quashing the impugned Order, dated 12-12-2013 declaring it as illegal and consider his case for re-employment in any other Post Office with all consequential benefits. He contends that as per Department of Post Letter, dated 26-2-2009, there is provision of absorption of surplus Gramin Dak Sevaks on abolition of posts and maintenance of waiting list. As during the two years after he submitted his representation to R-4, Superintendent of Post Office by the impugned Order, dated 12-12-2013 denied him re-employment at ICDSO or Palam Road SO, Gurgaon. The Respondents submit that the applicant did not respond to the Letter, dated 24-4-2010 (for two years) and hence in terms of Rule 22 of GDS (Conduct and Engagement) Rules, 2011, his name was deleted from the waiting list. The Tribunal noted the Memo, dated 26-2-2010 whereby the Dundahera Branch Post Office was closed and I.C., Dundahera Sub-Post Office was ordered to be closed and reallocated at Akera (PPO Village) in District Rewari. The Respondents state that the Applicant remained silent for two years to choose an alternate Post Office to rehabilitate him. In view of the Applicant's own stand, the Respondents were justified in not keeping his name in the waiting list beyond two years as per Para. 5

(a) of the OA. That Para. is reproduced for clarity. They further state that the decision taken by Respondents is in consonance with D.G. Posts Letter No. 17-128/88- EDC and Trg., dated 6-4-1989. That letter is reproduced in verbatim which stipulates period of waiting list may be extended to two years.