സ്ത്രീകള്‍ എങ്ങിനെ വസ്ത്രം ധരിക്കണം എന്ന് പുരുഷന്‍ നിഷ്ക്കര്‍ഷിക്കുന്നത് ശരിയോ? അല്ലെങ്കില്‍ തിരിച്ചും?

Wednesday, October 02, 2013

CAT Eranakulam O R D E R- Counting of service rendered by the applicants under theRTP for the purpose of seniority, benefits relating to financial upgradations and other consequential benefits is 1984 onwards

               CENTRAL ADMINISTRATIVE TRIBUNAL
                            ERNAKULAM BENCH

       O.A. NO. 79 OF 2011, O.A. NO. 119 OF 2011,
       O.A. NO. 988 OF 2011, O.A. NO. 31 OF 2012,
       O.A. NO. 1150 OF 2012, O.A. NO. 1151 OF 2012
                                      &
                       O.A. NO. 1014 OF 2010

               Tuesday, this the 1st day of October, 2013

CORAM:

         HON'BLE Dr.K.B.S.RAJAN, JUDICIAL MEMBER
         HON'BLE Mr. K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER

1.       O.A. NO. 79 OF 2011
         K.S.Beena
         Sub Postmaster
         Malayattoor PO
         Residing at Pattathil House
         Manickamangalam PO
         Kalady, Ernakulam District - 683 574    ...   Applicant

(By Advocate Ms.Rekha Vasudevan)

                               versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi

2.       The Chief Postmaster General
         Kerala Circle, Thiruvananthapuram, Kerala

3.       The Director of Postal Services (HQ)
         Office of the Chief Postmaster General
         Kerala Circle, Thiruvananthapuram, Kerala

4.       The Superintendent of Post Offices
         Aluva Division
         Aluva, Kerala - 683 101

5.       The Director (Staff)
         Department of Posts
         Ministry of Communications & IT
         New Delhi - 110 001                     ...   Respondents

(By Advocate Mr.S.Jamal, ACGSC)

2    O.A. NO. 119 OF 2011

1.    G. Rajmohan, TC 25/1548,
      West Thampanoor, Trivandrum 695001
      (Office Assistant, Office of the SSPOs, Trivandrum 695001).

2.    S. Viswanathan Nair, Chaarvakom, Vellayani,
      Nemom P.O., Trivandrum - 695020
      (Postal Assistant, Trivandrum GPO 695001)

3.    R. Hemalatha, Lekshmi Mandiram,
      Chennakkod Perinad 691603
      (SPM, East Kallada P.O.)

4.    J. Girija Kumari, Sankarathil, Pottur West,
      Mavadi P.O. 691507 (SPM, Nilamel P.O.)

5.    V. Ganaselvam TC 40/946 (3), Saras 55C,
      Sreevaraham, Manacaud P.O. 695009
      (Postal Assistant, Trivandrum GPO 695001 ).

6.    T. Muthaiyan, TC 40/946 (3) Saras 55C
      Sreevaraham, Manacaud P.O. 695009
      (Postal Assistant, Vallakadavoo P.O. 695008).

7.    S. Udayakumar, Souparnika KRIPA 77,
      Mankulam Lane, Pappanamcode,
      Trivandrum 695018
      (Postal Assistant, Trivandrum GPO 695001).

8.    M. Suresh Kumar, Padmasree TC 9/2392 ANRA 136-c,
      Edavacode, Trivandrum 695017
      (Postal Assistant, Trivandrum GPO 695001).

9.    L. Sheela, Nandanam, TC 4/460-3, Ambalamukku,
      Kaudiar, Trivandrum 695003
      (Accountant, Trivandrum GPO 695001)

10.   M.P. Chandramohan,
      Arun Nivas, Chettipurakal, Near Edaicode,
      Kanyakumari 629152
      (Postal Assistant, Trivandrum GPO 695001).

11.   R. Bhageerathi, TC 37/1901-1,
      Karikattumadam, West Fort, Trivandrum 695023
      (Postal Assistant, Trivandrum GPO 695001)

12.   Rema Paul, TC 7/1129-2 Vettamukku,
      Trivandrum 695013
      (Accountant, 0/0. SSPOs, Trivandrum 695001 ).

13.   B.Sudharma, TC 11/966-1,
      Thattinakam Nalanchira
      (Postal Assistant, Trivandrum GPO 695001)

14.   Prabha J. Poovattil, House No. 65 Puliyur Gardens
      Nalanchira P.O. (Sub Postmaster, Vattapara P.O. 695028).

15.   M.A. Mary, TC 13/770/1 KVRA 322 Vanchiyur
      Trivandrum 695035 (Postal Assistant, Tv. University P.O. 695034).

16.   K. Vasuki, TC 13/416, Ambadi, Moolavilakam
      Kunnukuzhy, Vanchiyoor P.O.
      (Postal Assistant, Vanchiyur P.O. 695034).

17.   V. Kasthuri Bai, 19/400, Chettiyarmadam,
      Neyyur P.O. (Postal Assistant, Trivandrum AG's P.O. 695001).

18.   S. Sulochana, KRA 99, Kedaram Nagar, Pattom Palace,
      Trivandrum 695004
      (Postal Assistant, Trivandrum GPO 695001).

19.   L. Rema, Postal Assistant, Deepasree
      Sagara 92/2 Kudappanakunnu P.O. 695043
      (Trivandrum AG's P.O. 695001).

20.   G. Jayalakshmi, 10, Gayatri Gardens, Kaimanam
      Trivandrum 695040 (Postal Assistant, Trivandrum GPO 695001 ).

21.   Rajalekshmi Antherjanam, VP/2/959 Nandanam, Ranni Lane,
      Perorkada. (Postal Assistant, Trivandrum GPO 695001).

22.   A. Radha, TC 28/1935 Kizhakke Madam, Tv Fort P.O. 695023
      (Postal Assistant, Trivandrum GPO 695001)

23.   S. Sreelatha, Sivoham Ottukal Street, Kaithamukku,
      Tv Pettah P.O. 695024
      (Postal Assistant, Trivandrum GPO 695001)

24.    S. Suma, Sumam TC 3/1280-1, KPRA 181,
       Mankulam Lane, Pattom Palace P.O.
       (Postal Assistant, Trivandrum GPO 695001)

25.   S. Usha Devi, Sreerangam Jyothi Nagar 81,
      Kesavadasapuram, Trivandrum 695004.
      (Sub Postmaster, Palkulangara P.O. Tv. Pettah 695024.)

26.   T.P. Sreebhavani, Postal Assistant
      Trivandrum GPO 695001

27.   R. Krishna Kumari, 10 VKK Nagar, Vallakadavoo P.O
      Trivandrum 695004 (Office Assistant, PSD, Trivandrum 695023.)

28.   B. Vikraman Achary, Rajendra Sadanam
      Kizhavoor, Mukhathala P.O. (SPM, Thekkevila P.O.)

29.   S. Sairakumary, Gopa Kripa, Asramom Garden 75
      Asramom P.O. 695002 (SPM, Eravipuram P.O.)

30.    G. Ushakumary, Madhava Vilasom, Melode, Adur
      (APM Adur Kerala HO.)

31.   V. Aji, Vathiyarvila Veedu, Edakida, Ezhukone
      (SPM Odanavattom P.O.)

32.    P .S. Letha, Swathi, Bhoothakulam P.O
      (SPM, Bhoothakulam P.O.)

33.   Leena Bhasker, Manohara, Kottapuram, Paravur P.O
      (Postal Assistant, Bhoothakulam P.O.)

34.   N. Sheela, Santhram, Ayirakuzhy, Chithara P.O
      (SPM, Chithara P.O.)

35.   J.R. Mallika Devi, Sreedarshan, Palace Nagar 12A
      Thevally P.O. (SPM, Thirumullavaram 691012)

36.   S. Remadevi, Kalpakom, Kulangara bhagom
      Chavara P.O. (SPM Neendakara P.O.)

37.   A. Vijayalekshmi Amma, Neduvathuvila Veedu
      Cheriyela, Alammoodu, Mukhathala P.O.
      (Office Assistant, SSPOs, Kollam 691001.)

38.   K. Vijalekshmi, Sreelekshmi, MNRA 108
      Ramankulangara, Kavanad P.O
      (Office Assistant, SSPOs Kollam 691001.)

39.   K. Syamala, Amaravathy, Mampallikunnam,
      Chathannoor P.O. (Postal Assistant Kottiyam P.O.)

40.   L.S. Sylvia, Soma Bhavan, Mayyanad P.O.
      (Postal Assistant, Kollam HO.)

41.   T. Girija, Ayaira, CKP Perinad
      Postal Assistant, Kollam HO.)

42.   S. Sunila. Kollasseril. Prayar P.O. 690547
      (SPM. Athinad North P.O.)

43.   Lekha Ravindran, Sreevalsam, Padasouth,
      Karunagappally P.O. (SPM, Kulasekharapuram P.O.)

44.   P. Unnikrishnan Nair, Krishna Vilasam,
      Mavarakonam, Kalluvathukkal
      (SPM, Thekkumbhagam P.O.)

45.   T.Mathews Mathew, Thayyil Kizhakkedathil
      Perumpuzha PO 691 504
      (Postal Assistant, Kollam HO)

46.   R. Renuka Devi, Sreevignesh, MCRA 103
      Thirumullavaram P.O. (Postal Assistant, Kollam Civil Station).

47.   C. Lilly, Layam, Gandhi Mukku, Kottarakara P.O
      (Postal Assistant, Kollam HO.)

48.   L. Anantharamalekshmi, Vasantham, Devi Nagar 342
      Thirumullavaram P.O. 691012 (SPM, Thevally P.O.)

49.   J. R. Padmaja Devi, Aramom, Shoba, Thirumullavaram P.O.
      ( Postal Assistant, Kollam Cutchery P.O.)

50.       R. Sureshkumar, Suranya, Thazham North, Chathannoor P.O.
          (Postal Assistant, Thangassery P.O.)

51.       P. Sheeba, Rohini, Thottumkara, Mayyanad P.O
         (SPM, Pullichira P.O.)

52.       P.J. George Kutty, Parasseril House, Melkavu, Kottayam H.O.
          Postal Assistant, Kottayam H.O.)

53.      S. Alex, Junior Accountant, Velliavilai (Aruganthottu Vilai)
         Palappallam P.O. 629159, Kanyakumari District
          (Office of the Director of Postal Accounts, Trivandrum).

54.       A. Meetheen Pillay, 9/1, Sabnam, Near Govt. Higher
          Secondary School, Thiruvithamcode P.O.
          (Senior Accountant, Office of the DAP, Trivandrum).

55.      S. Lakshmi, TC 20/2876, Hari Saras, SRA 193,
         Karamana P.O. 695002
         (Sub Postmaster, Tv Govt. Press P.O
         Trivandrum 695001)                          ...       Applicants

(By Advocate Ms.Laila Sunil)

                               versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi

2.       The Chief Postmaster General
         Kerala Circle, Thiruvananthapuram - 695 001

3.       The Director of Postal Services (HQ)
         Office of the Chief Post Master General, Kerala Circle,
         Thiruvananthapuram.

4.       The Superintendent of Post Offices,
          Thiruvananthapuram Division
         Thiruvananthapuram.

5.       The Superintendent of Post Offices
         Kollam Division, Kollam

6.       The Superintendent of Post Offices
         Pathanamthitta Division, Pathanamthitta

7.       The Superintendent of Post Offices
         Kolttayam Division, Kottayam

8.       The Director (Staff)
         Department of Posts
         Ministry of Communications & IT
         New Delhi - 110 001                         ...       Respondents

(By Advocate Mr.Thomas Mathew Nellimoottil, ACGSC)

3.       O.A. NO. 988 OF 2011

1.        D. Sheela
         Jaya Bhavan, Agarathuvila, Kadavattaraam
         Neyyattinkara 695121 (Accountant, MACP II, HRO RMS,
         Trivandrum Division, Trivandrum 695001).

2.       T.S. Jayalekshmi
         5-A, Sun Elegance, Kesavan Nair Road, Poojapura P.O.,
         Thiruvananthapuram 695012.
         (OA MACP II, HRO RMS, Trivandrum Division
         Trivandrum 695001).

3.        V.S. Kumari Sudha
         Ashtamy, College Road, Dhanuvachapuram 695503
         (OA MACP II, HRO RMS, Trivandrum Division
         Trivandrum 695001).

4.        P. Padmavathy, TC 58/963,
         Chithirai, Padassery Lane, Attukal, Manacaud P.O
         Thiruvananthapuram - 695009
         (OA MACP II, HRO RMS, Trivandrum Division,
         Trivandrum 695001).

5.       S. Jalajambika , Shanmugha Vilasam
          Theviyode, Vithura P.O. 695551
          (OA, MACP II, HRO RMS, Trivandrum Division
         Trivandrum 695001).

6.       L. Usha Devi, TC4/935,
         Sree Chitira Nagar, Kurisuvilakathu Veedu,
          Kowdiar P.O., Thiruvananthapuram 695003
         (OA MACP II, HRO RMS, Trivandrum Division,
         Trivandrum 695001).

7.       L. Seethalekshmi Amma, Anjanam, TC-6/281 (23)
         Nethaji Road, Prasanthi Gardens, Vattiyurkavu P.O.,
         Thiruvananthapuram 695013
         (OA MACP II, HRO RMS, Trivandrum Division
         Trivandrum 695001).

8.       S. Vijayakumari
         Thulaseedharan, V.T. Bhavan, Dhanuvachapuram P.O. 695503
          (SA MACP II, HRO RMS, Trivandrum Division
          Trivandrum 695001).

9.       M. Spain Rose, Thoufeek, House No. 15,
         Vikhas Nagar, Ambalathara, Poonthura P.O
         Thiruvananthapuram 695026
         (Accountant MACP II, BPC, Trivandrum 695023).

10.      V. Vanajakumari,
         Devika, TC 22/583 (3) Konchira Vila, Manacaud P.O
         Thiruvananthapuram 695009
         (SA MACP II, BPC, Trivandrum 695023). ...          Applicants

(By Advocate Ms.Laila Sunil)
                                        versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi.

2.       The Chief Postmaster General
         Kerala Circle, Thiruvananthapuram - 695 001

3.       The Director of Postal Services (HQ)
         Office of the Chief Post Master General, Kerala Circle,
         Thiruvananthapuram.

4.       The Senior Superintendent, R.M.S.
         Thiruvananthapuram Division,
         Thiruvananthapuram 695036.

5.       The Director (Staff),
          Department of Posts, Ministry of Communications & IT
         New Delhi 110001.                         ...        Respondents

(By Advocate Mrs.Deepthi Mary Varghese, ACGSC)

4.       O.A. NO. 31 OF 2012

1.       Jose Mathew
          Sorting Assistant MACP II, Sub Record Office,
          RMS TV Division, Kottayam
         Residing at Chennathu House, Chengalam P.O.
          Kottayam District- 686 585

2    .   P.R Sureshkumar,
         Sorting Assistant MACP II, Sub Record Office,
         RMS TV Division, Kottayam
         Residing at Pullatu, S H Mount P.O., Kottayam_ 686 006

3.        K.P.Sulochana Devi,
         Sorting Assistant MACP II, Sub Record Office
         RMS TV Division, Kottayam
         Residing at C-1I1-3, P & T Quarters, I
         Muttambalam, Kottayam-4

4.       V.Anjanakumari,
         Sorting Assistant MACP II, Sub Record Office,
          RMS TV Division, Kottayam
         Residing at Sreevilasam, Kumaranalloor P.O
         Kottayam-686 016

5.       R Sobhakumari, D
         Sorting    Assistant MACP II, Sub Record Office
         RMS TV Division, Kottayam
         Residing at Kolamkuzhiyil, Anicad East P.O., Kottayam

6.        Kuruvilla Varghese,
         Sorting Assistant    MACP II, Sub Record Office,
          RMS TV Division, Kottayam
         Residing at Vattamala (H), Velloor P.O, Pampady, Kottayam

7.       P.K.Geetha Devi,
         Sorting    Assistant MACP II, Sub Record Office,
         RMS TV Division, Kottayam
         Residing at Karipal House, Vadavathoor, Kottayam

8.       K.K.Ramani,
         Sorting Assistant MACP II, Sub Record Office,
         RMS TV Division, Kollam,
         Residing at Krishnakripa, FFRA-85, Mundakkal East, KolIam-1

9.        G.Hariprakash,
         Sorting Assistant MACP II
         Sub Record Office, RMS TV Division, Kollam
         Residing at Palvila Puthenveedu, Near BHS, Attingal.

10.       V.Rajkumar,
         Sorting Assistant MACP II, Sub Record Office,
         RMS TV Division, Kollam,
         Residing at Muruga Bhavan, Surianalle P.O.
         Munnar(via), Idukki District 685 618

11.      V.P. Sujeendra Babu
         Sorting    Assistant MACP II, Sub Record Office,
         RMS TV Division, Thiruvalla,
         Residing at Valavunkal House, Kunthrickal P.O.
         Thalavady, Thiruvalla, Alappuzha -689 572

12.       Roy T Eapen,
         Sorting Assistant MACP II, Sub Record Office
         RMS TV Division, Thiruvalla,
         Residing at Thayyil house, Velliara P.O.,
          Ayroor North, Pathanamthitta- 689 612

13.       K.Ponraj,
`        Sorting Assistant MACP II, Sub Record Office,
          RMS TV Division, Thiruvalla,
         Residing at Rajbhavan, Melady, Marayur P.O
         Idukki District - 685 620

14.      P.Gireesh Kumar,
         Sorting Assistant MACP II, Sub Record Office,
         RMS TV Division, Alappuzha,
         Residing at Krishnapuri, North Aryad,
         Mannancherry P.O., Alappuzha- 688538

15.       P.J.Aleykutty,
         TBOP Sorting Assistant, Sub Record Office
          RMS TV Division, Thiruvalla, residing at CA II,
          P& T Quarters, Alappuzha

16.      M.V.Jayasree,
         Sorting Assistant MACP II, Sub Record Office,
          RMS TV Division, Alappuzha,
         Residing at Ambady, Varanad P.O., Cherthala,
          Alappuzha.                               ...      Applicants

(By Advocate Ms.Rekha Vasudevan)

                                         versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi.

2.       The Chief Postmaster General
         Kerala Circle, Thiruvananthapuram - 695 001

3.       The Director of Postal Services (HQ)
         Office of the Chief Post Master General, Kerala Circle,
         Thiruvananthapuram.

4.       The Superintendent of Post Offices,
         R.M.S. T.V Division,
         Thiruvananthapuram, Kerala

5.       The Director (Staff),
          Department of Posts, Ministry of Communications & IT
         New Delhi 110001.                         ...        Respondents

(By Advocate Mr.Millu Dandapani, ACGSC (R1-4)

5.       O.A. NO. 1150 OF 2012

1.        M. J. Leela,
          Sorting Assistant, Sub Record Office,
          Railway Mail Service, Ernakulam Division,
         Residing at Thadavanal House,
         Arakulam P.O., Idukki- 685 591

2.        P.D.Philip,
          Sorting Assistant, Sub Record Office
          Railway Mail Service, Ernakulam Division
         residing at Pazhoor House, Puthenchira,
          Muthalakodam P.O., Idukki-685 505

3.        T.K.Rajeev,
         Sorting Assistant, Sub Record Office,
          Railway Mail Service, Ernakulam Division
          residing at Thekkemoozhickal, Kurumpalamattom
          Karimannoor P.O., Idukki-685 581

4.       I. Indira,
         Sorting Assistant, Sub Record Office,
         Railway Mail Service, Ernakulam Division,
         Residing at Narayana Mangalam, Muvattupuzha- 686 661

5.        Baby Joseph
         Sorting Assistant, Sub Record Office, Railway Mail Service,
         Ernakulam Division,
         Residing at Palekudiyil, Ayavana P.O., Idukki- 686 668

6        Jessy Augustine
         Sorting    Assistant, Sub Record Office,
         Railway Mail Service, Ernakulam Division

         Residing at Padinjarekara, Puthepura, Karimpana P.O.,
         Koothattukulam 686662

7.        P. Letchmanan,
         Sorting Assistant, Sub Record Office, Railway Mail Service,
         Ernakulam Division,
         Residing at Augraham House,
         Marayur P.O., Idukki-686 520

8.       M.B.Karunakaran,
         Sorting    Assistant, Sub Record Office, Railway Mail Service,
         Ernakulam Division,
         Residing at Madapparayil House,
         Muvattupuzha P.O.- 686 661                ...        Applicants

(By Advocate Ms.Rekha Vasudevan)
                                           versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi- 110 001

2.       The Chief Postmaster General
         Kerala Circle, Thiruvananthapuram, Kerala - 695 033

3.       The Director of Postal Services (HQ)
         Office of the Chief Post Master General, Kerala Circle,
         Thiruvananthapuram., Kerala - 695 033

4.       The Superintendent of Post Offices,
         Railway Mail Service, Ernakulam Division,
         Ernakulam - 682 011

5.       The Director (Staff),
          Department of Posts, Ministry of Communications & IT
         New Delhi 110001.                         ...        Respondents

(By Advocate Mr.Millu Dandapani, ACGSC )

6.       O.A. NO. 1151 OF 2012

1        R. Girija,
         Office Assistant, Divisional Office,
         Department of Post, Idukki Division,
         Residing at Puramadathil House, Edamuruku,
         Cheenikuzhi P.O., Udumbanoor - 685595

2.       B. Vijayakumar,
         Office Assistant, Divisional Office,
         Department of Post, Idukki Division,
         Residing at Souparnika, Chittoor, Puthuperiyaram P.O.,
         Vengallur- 685608

3.       O. R. Girija,
         Postal Assistant, Thodupuzha Head Office
         Department of Post, Idukki Division,
         Residing at Thekkanathu House,

          Thodupuzha East     P.O., Kanjiramattom,
           Idukki 685 585

4.       Santhy Jose,
         Postal Assistant, Thodupuzha East
         Department of Post, Idukki Division
         Residing at Elavunkal House, Thodupuzha East P.O.
         Idukki 685 585

5.       M.S.Lathika Devi
         Postal Assistant, Thodupuzha Head Office
         Department of Post, Idukki Division,
         Residing at Mangalamundakal
         Thodupuzha East, Idukki 685 585.

6        Anitha T.R.
         Postal Assistant, Karimanur,
         Department of Post, Idukki Division,
         Residing at Kunnumpurath, Thodupuzha, Idukki

7.       N. Harikumar,
         Postal Assistant, Muthalakodam Sub Office,
         Thodupuzha, Department of Post,
         Idukki Division,
         Residing at Puthenveedu, Kolani P.O
         Thodupuzha, Idukki

8        Nixon John,
         Sub Postmaster, Thodupuzha East,
         Department of Post, Idukki Division,
         Residing at Palammattam House,
         Chittoor, Puthupariyaram P.O
         Vengalloor, Idukki-  685 608              ...        Applicants

(By Advocate Ms.Rekha Vasudevan)
                                         versus

1.       Union of India represented by Secretary
         to Government of India
         Ministry of Communications
         New Delhi- 110 001

2.       The Chief Postmaster General
         Kerala Circle, Thiruvananthapuram, Kerala - 695 033

3.       The Director of Postal Services (HQ)
         Office of the Chief Post Master General, Kerala Circle,
         Thiruvananthapuram., Kerala - 695 033

4.       The Superintendent of Post Offices,
         Idukki Division, Thodupuzha, Kerala - 685 584

5.       The Director (Staff),
          Department of Posts, Ministry of Communications & IT
         New Delhi 110001.                         ...        Respondents

(By Advocate Ms.Deepthi Mary Varghese, ACGSC)

7.        O.A. NO. 1014 OF 2010

          P.Premalatha
          Sub Postmaster, Angamali South
          Ernakulam District
          Residing at Latha Vilas House
          Manickamangalam P.O
           Kalady - 683 574                       ...       Applicant

(By Advocate Mr.TCG Swamy)
                                         versus

1.        Union of India represented by Secretary
          to Government of India
          Ministry of Communications & IT
          (Department of Posts), Dak Bhavan
          New Delhi- 110 116

2.        The Chief Postmaster General
          Kerala Postal Circle, Thiruvananthapuram

3.        The Post Master General
          Central Region, Kochi

4.        The Senior Superintendent of Post Offices,
          Aluva Postal Division, Aluva
          Ernakulam District                      ...       Respondents

(By Advocate Mr.Sunil Jacob Jose, SCGSC)

These applications having been heard on          22.08.2013, the Tribunal on
01.10.2013 delivered the following order:

                                   O R D E R

HON'BLE Dr.K.B.S.RAJAN, JUDICIAL MEMBER


          As the issue involved in the above cases is one and the same, the

same are dealt with in this common order. However, as a leading case,

facts as well as reference as contained in OA No. 79 of 2011 have been

taken for the purpose of discussion.



2.        Counting of service rendered by the applicants under the Reserve

Trained Pool system for the purpose of seniority, benefits relating to financial

upgradations and other consequential benefits is the issue involved in these

cases.

3.        Sometimes in the eighties, the respondents had introduced a

system called Reserve Trained Pool (RTP for short) vide order dated 30-10-

1980, at Annexure A-1. The salient feature of this system includes that

when posts of Postal Assistants and Sorting Assistants were filled in each

recruitment unit, while drawing a list of selected candidates equivalent to the

number of vacancies to be filled up, an additional list upto 50% of the

vacancies would be prepared and these would also be imparted training and

categorized as trained reserve candidates and kept in reserve, to meet the

future regular and current emergent needs of manpower in the Post and

RMS Offices. In other words, these RTP candidates could be compared to

wait-listed candidates with an assurance of regularization against future

vacancies.



4.        Such a list was prepared in which all the applicants in the above

O.As figured and their services were utilized for emergent needs. In view of

the imposition of ban on direct recruitment from 1984 to 1990, these RTP

were not regularized against any of the vacancies that arose during the

above period. It was only in 1990 that such vacancies were filled up by

absorption of the aforesaid RTP candidates.



5.        A number of Original Applications were filed by the RTP

candidates including some of the applicants in these O.As, during 1990 and

1991 praying for a declaration that the applicants were entitled to get the

benefit of their services commencing from the date of their initial

engagement as RTP PAs for the purpose of annual increment, bonus, length

of service for the purpose of departmental examination and for seniority and

other purposes and for a direction to the respondents to afford the applicants

the consequential benefits arising from such declaration. These O.As, with

814 of 90 as the main case were decided vide         Annexure A-6 order dated

21-04-1992 whereby the Tribunal directed the respondents to afford such of

the RTP candidates who had rendered continuous service of over one year

at 8 hours a day, temporary status and count half such service as qualifying

service for pension and all the benefits available to casual mazdoors having

been granted temporary status would also percolate upon such RTP

candidates from the date of their temporary status. This order was followed

in subsequent applications as well, vide orders at Annexures A-9 and A-10.

The decision in OA No. 814 of 1990 was under challenge before the Apex

Court and the same was then pending.



6.     Four individuals similarly circumscribed as the applicants in these

O.As, filed a case before the Tribunal and the Tribunal, after referring the

matter to the Industrial Tribunal for fact finding purposes, held that such

persons be granted seniority        with reference to the initial date of their

appointment. Annexure A-11 order dated 8th February, 1996 refers. The

order was implemented, whereby these individuals were accordingly granted

seniority from the date of their initial appointment.



7.     The   challenge against        decision in OA No. 814 of 1990 and

connected cases (vide Annexure A-6) which was challenged by the

respondents herein before the Apex Court, was decided and the Apex Court

vide judgment reported in Union of India vs K.N. Sivadas (1997) 7 SCC 30

held that there is no comparison between the RTP and casual labourers as

these two are under two different schemes. The Apex court has thus held in

that judgment as under:-

         "The position of these two categories of employees is very
         different as we have already set out. The Tribunal has also
         erred in assuming that casual labourers are getting these
         benefits during the period for which the RTPs are claiming
         these benefits. RTPs have already obtained the benefit of
         absorption in regular service because of their own scheme.
         They, therefore, cannot, on the one hand, avail of their own
         special scheme and at        the same time, claim additional
         benefits on the basis of what has been given to the casual
         labourers. This is unwarranted, especially as the period for
         which they claim these benefits is the period during which
         such benefits were not available to casual labourers."



8.        OA 1178 of 1996 was filed by a number of such RTP candidates,

seeking the benefit of regularization from retrospective effect but the same

was rejected by the Tribunal and the matter was taken up with the High

Court, which too, after detailed discussion rejected the writ petition No.

21249 of 2000 vide Annexure A-12.



9.        Well before the above order was passed, the Jabalpur Bench of

the Tribunal dealt with identical case and passed Annexure A-7 order dated

16th December, 1986 whereby the following directions were given:-

        "10. Under the circumstances, to end the unreasonable and
        unjust classification that had been introduced as the result of
        dual policy of the Government as reflected in the issue of the
        circular (Annexure R1) and the stopping of further
        recruitment and absorption to the cadre of posts of Postal
        Assistants, as affirmed in para 8 of the Respondent's return
        dated 24.6.1985, we direct that:-

           a. Government shall review their policy to stop
               recruitment/absorption of persons against regular
               Postal Assistants.

           b. No persons shall be inducted              from other
               Departments like Railway Mail Service and
               Telecommunication Department to man posts of
               Postal assistants until the petitioners are absorbed
               against regular posts.

           c. No fresh persons be taken and recruited against
               the R.T.P. (Reserve Trained Pool) until the
               Government reviews their policy as under (a)
               above. The operation of the circular dated

               31.10.1980 (Annexure R1) in regard to recruitment
               of fresh persons to R.T.P. other than petitioners is
               struck down in exercise of this Tribunal's writ
               jurisdiction.

             d. The absorption of the petitioners against regular
               posts will be so phased on the basis of para 2 of
               circular dated 30.10.1980, as if no restriction had
               been        imposed        on        their     regular
               recruitment/absorption     earlier   and    shall   be
               completed within a reasonable period from the date
               of    this   order,   if  necessary      by   creating
               supernumerary posts, and subject to screening of
               the unfit by a specially constituted screening
               committee      to   examine      their   record    and
               performance. The Screening Committee shall also
               keep in view their seniority in the R.T.P.

           11. x x x x

       12.   Under the circumstances, for reasons stated in the
       preceding paragraph, we find the provisions of the circular
       dated   30.10.1980 (Annexure R1) in so far they relate to
       payment of hourly rates of wages to employees in the R.T.P.
       discriminatory and violative of Article 14 and 16 of the
       Constitution and are struck down. We direct respondents that
       the R.T.P. Employees performing the same duties as Postal
       Assistants shall be paid the same salary and emoluments per
       mensem as are being received by Postal Assistants with effect
       from the date of their appointment. As regards other conditions
       of service and facilities demanded by the petitioners this is
       subject to their regular absorption as directed in para 10."

10.        The above decision of Jabalpur Bench was challenged before the

Apex Court in SLP (C) No. 11313 of 1997 which was however, dismissed.

This decision was followed in a subsequent decision by the Bombay Bench

in OA No. 719 of 1996 and 8 other connected cases, vide order dated 31st

August, 2010 at Annexure A-30.



11.        Similarly, the Madras Bench of the Tribunal had also dealt with

identical issue and by its order dated 25-02-1988, direction was given for

absorption of the RTP candidates against regular vacancies in the order of

merit in the Reserved Trained Pool from the date next regular vacancies in

their turn materialized. Annexure A-8 refers.

12.          When a scheme called Time Bound One Promotion (TBOP for

short) was introduced in 1983, the same provided for automatic promotion

on completion of 16 years of service as Postal Assistant or Sorting Assistant.

The stipulation of 16 years of service was interpreted by the respondents as

16 years of regular service and a case was filed by one Mathivanan who was

an RTP candidate, selected for the Army Postal Service and his appointment

prior to his entry in the Army Postal Service was purely ad hoc. The matter

reached upto the Apex court and the Apex Court had held that since the

term 'regular' was not figuring with the term "sixteen years of service"

notwithstanding the fact there was no regular service but the individual

completed 16 years of service, he was granted the benefit of the TBOP

Scheme. Judgment of the Apex Court - Union of India vs M. Mathivanan

(2006) 6 SCC 57 refers. This decision was uniformly applied to all similarly

situated till 31-08-2008 after which the TBOP Scheme was replaced by

MACP Scheme, vide Annexure A-15.



13.          The applicant in OA No. 79 of 2011              had moved two

representations, vide Annexure A-13 and A-17, inviting the attention of the

respondents to the decision vide Annexure A-11 which was implemented by

the respondents and sought similar relief. The two representations have not

been responded to by the respondents.



14.          The respondent No. 1 had, vide Annexure A-29 passed an order,

referring to various decisions, to the effect that while TBOP scheme did not

specifically refer to regular service, the subsequent MACP scheme having

specifically utilized the term "regular service", the services rendered prior to

regularization of the RTP candidates be not reckoned while considering the

eligibility for grant of MACP.

15.    The above order of the respondents is under challenge and           the

applicants   in all these O.As have claimed almost identical reliefs. The

reliefs sought in the main OA 79/11 are reproduced hereunder:-


          (a)        Declare that the applicant is entitled to be
          accommodated against the regular vacancy which arose in
          the year 1984, i.e. the next recruiting year subsequent to
          her selection as Short Duty Postal Assistant in 1983, as
          directed by the Jabalpur Bench of this Hon'ble Tribunal in
          Annexure A-7 final order and to direct the respondents to
          grant her regular absorption with effect from the date if the
          regular vacancy which arose in the year 1984, .e the next
          recruiting year subsequent to her selection as Short Duty
          Postal Assistant in 1983 and to refix her seniority and other
          consequential service benefits accordingly.

          (b)        Direct the respondents to count her service
          rendered as     Reserve Trained Pool for the purpose of
          granting the financial upgradation under the Time Bound
          One Promotion Scheme and the Modified Assured Career
          Progression Scheme.

          (c)        Quash Annexures A-29 letter dated 12.04.2012
          issued by the Director (Staff), Ministry of Communications &
          IT.

16.       Respondents have contested the O.A. They have highlighted the

aspect of limitation on the one hand and laid stress that the decision in

Mathivanan would apply to those who were similarly situated as the said

Mathivanan (APS).



17.       Counsel for the applicants argued that the respondents had

eclipsed the existence of the decision by the Jabalpur Bench when the case

of Sivadas was considered by the Tribunal as well as the Apex Court. The

decision in Sivadas in fact only compared the status of the RTP and casual

labourers with temporary status. The benefit of service prior to regularization

had been granted for the purpose of TBOP as per the information gathered

under RTI. The applicants are entitled to the reliefs sought for, on the

strength of Annexure A-7 order of the Jabalpur Bench as well as Annexure

A-11 order of this Bench. Restricting the benefit of Annexure A-11 order to

the applicants therein alone is illegal as the decision in that case has to be

taken as applicable for all similarly situated.



18.     Counsel for the applicant in OA No. 1014 of 2010 submitted that the

case of the applicant in that OA is slightly different from the other cases in

that, in that case, the applicant filed OA No. 323 of 11 and the same was

disposed of by order dated 13 Feb. 2012 . The direction given to the

respondent in that order that the respondents would consider the case of the

applicant for financial upgradation under MACP duly taking into account the

services rendered as RTP candidate without the benefit of seniority and

would take appropriate decision and intimate the decision within a time of six

months. The respondents had accordingly, considered but the rejected the

case of the applicant by order dated 28-05-2012 stating that vide the

Directorate Instructions dated 12-04-2012 and in view of the judgment in the

case of K.N. Sivadas and provisions contained in the MACP scheme it was

concluded that the services rendered under RTP scheme by the personnel

prior to their regular appointment of PA/SA cannot be counted for promotion,

seniority and grant of MACP. Thus, the case of the applicant was rejected.

The counsel submitted that the direction as per A-6 order dated 13-02-2012

was to the first respondent viz., the Secretary, Ministry of Communications,

Dept of Posts, whereas the rejection letter came from the Chief Postmaster

General.     The rejection order is without application of mind as the

respondents had failed to take into account the factum of having conceded

before the Tribunal in OA No. 323 of 2011.

19.        Counsel for the respondents maintained the same contention of

limitation as well as non permissibility of counting of the services prior to

regularization in respect of grant of MACP.



20.        Arguments were heard and documents perused. Sivadas only

distinguished the cases covered by RTP scheme on the one hand and

Casual Labourers (Grant of Temporary Status) Scheme on the other and

held that the former, who is better placed, cannot claim any benefit available

to the latter in addition to the ones available under the RTP Scheme. The

Apex Court in that case did not examine the scope or extent of the benefits

available to the RTP, save stating that the benefits available under that

scheme alone would have to be afforded to RTP and not in addition thereto

the benefits available to the temporary status casual labourers. Mathivanan

held that for grant of TBOP regular service need not be insisted and thus

services rendered in the APS could be reckoned for the purpose of working

out the eligibility of grant of TBOP. In fact, order dated 21st July, 2010 vide

Annexure A-15 was passed in pursuance of the decision of the Apex Court

in Mathivanan. The contention of the respondents is that the said decision

would apply to cases where an RTP candidate, granted ad hoc status prior

to deputation to APS was later sent to APS and would not apply to those

who remained as RTP candidates throughout till their regularization in 1990.



21.         The claim of the applicants in these O.As is not related to any

such benefits as in the case of Sivadas. At the same time, the fact remains

that there is an observation by the Apex Court about the superior status of

the RTPs compared to that of casual labourers with temporary status. This

is evident from the observation of the High Court in para 3 of Annexure A-12,

wherein it has been observed, "The apex Court further held that R.T.Ps are

better placed...". This observation cannot be lost sight of.



22.         Mathivanan dealt with the entitlement of ad hoc services to be

reckoned for TBOP, which scheme did not stipulate 16 years of 'regular'

service but only insisted on 16 years of service in the grade.       The ratio in

that decision is that services rendered irrespective of whether the same were

regular or otherwise would count.



23.     Admittedly, from 1984 there had been a ban on direct recruitment on

account of which alone, it was not possible for the respondents to regularize

the services of a number of RTPs inducted in early 1980s. It is not the case

of the respondents that there arose no vacancies during the period of ban.

But for the clamping of the ban, many of the RTPs would have been

absorbed against regular vacancies in their turn. In fact, in another decision

in OA No. 323 of 2012 decided on 13trh February, 2012 (filed by the

applicant in OA No. 1014 of 2010), this Bench of the Tribunal had

considered an identical case and recorded vide para 16 thereof, "In view of

this fact, the respondents have fairly conceded that the issue of counting the

services of RTP candidate for financial upgrdation under MACP on purely

personal basis without any benefit of seniority is under active consideration

of the Respondents." Of course, the aforesaid consideration culminated in

the impugned order dated 12th April, 2012 vide Annexure A-29. Therein, the

decision was that there is a striking difference in respect of qualifying service

under TBOP and MACP Scheme, in that for the former, the requirement was

only 16 years of service, while in the latter the requirement is 'regular

service.' And in respect of TBOP, from the information received under RTI

by the applicants, some cases of RTP candidates were favourably

considered for grant of TBOP and some were under consideration etc., vide

Annexures A-21 to A-28. The decision in Mathivanan to reckon the service

prior to regular service was not on the specific reason that the individual

joined APS to confine the benefits to those who had joined APS. It only

considered whether service prior to regularization could be reckoned or not.

From this point of view, there cannot be an intelligible differentia between

those of the RTPs who had joined APS and who had not to deny the

benefits of the decision in Mathivanan to the applicants.        All the RTP

candidates should be considered at par.



24.        As regards challenge to order dated 28-5-2012 in OA NO. 1014 of

2010, the decision conveyed to the applicant was in the wake of

communication from the Directorate dated 12-04-2012 (Annexure A-29 in the

other OA No. 79 of 2011). As such, the same cannot be said to be the

decision of the Chief PMG. Further, the order dated 13-02-2012 referred to

the admission of the respondents only to the extent that the issue of counting

of service as RTP candidate for financial upgradation on purely personal

basis was only 'under consideration' of the respondents. It does not seem to

be an assurance to give any financial benefits under thereof, when the

conditions attached to the MACP scheme does not get fulfilled.



25.       In so far as the challenge to Annexure A29 order dated 12th April,

2012 is concerned, the challenge is not legally sustainable. In its decision in

the case of M.Mathivanan, the Apex Court has distinguished regular service

and service simplicitor. In so far as TBOP is concerned, the requirement was

not regular service and accordingly those who had put in 16 years of service

(need not one of regular) were also to be covered by the TBOP Scheme.

However, a specific stipulation of regular service has been provided for in

respect of MACP which substituted TBOP Scheme. As such, Para 7 of the

said order at Annexure A29 is legally sustainable. Thus the entire case could

be converged to the following extent:-



      (a)      In so far as reckoning of service for the purpose of

        grant of TBOP benefits there is no difference between a

        RTP candidate whose services were regularized later on

        and an RTP candidate who was sent to APS and was

        reverted after his deputation period, The decision of the

        Apex Court in M.Mathivanan is, therefore, applicable to all

        those RTPs irrespective of whether they were sent to APS

        or not.


      (b)      In so far as MACP is concerned, the period of service

        shall be reckoned only from the date of regular service

        disregarding the services rendered prior to regularization.


      (d)        For grant of 2nd financial up-gradation under the

        MACP Scheme, it shall be only the regular service that has

        to be counted and not 10 years after the grant of TBOP

        benefits, since TBOP benefits were granted without taking

        into account the regular service.


      (e)       There is no question of regularization from the date of

        initial appointment or from the date vacancy arose, much

        less seniority on the basis of such regularization as the

        same had been rejected by the High Court vide judgment at

        Annexure A-12 already referred to.



26.      In view of the above, the only benefit that could be available to the

applicants is that in so far as grant of TBOP is concerned, if the respondents

have taken into account only the regular service and not the service before

regularization    they should take into account such service as well. Since

vacancies of 1984 onwards could not be filled up due to ban on recruitment

and the applicants were serving as RTPs during these years, the services

rendered by them from 1984 to 1990 or thereafter till the date of

regularization should be considered as service that could be reckoned for

working out the eligibility for benefits of TBOP Scheme.



27.       In view of the above, all these Original Applications are disposed of

with direction to the respondents as under:-

          (a)    Respondents shall work out the vacancies that arose

          from 1984 onwards, which could not be filled up on on

          account of the ban on recruitment.


          (b)    RTP candidates on the basis of their year of

          recruitment, coupled with the order of merit, shall be

          accommodated notionally against such vacancies that

          were lying unfilled from 1984 onwards.


          (c)    It is from the date on which these applicants could be

          deemed to have been placed against such vacancies that

          the period of 16 years of service for grant of TBOP benefits

          shall be worked out.


           (d)    On completion of 16 years of such service, they

           would be deemed to have been granted TBOP benefits

           and the pay in the higher scale shall be fixed.


           (e)    Arrears shall be worked out in respect of these

           cases and the same shall be payable to the applicants

           concerned.

         (f)  In so far as MACP is concerned, the period of 20

         years for 2nd MACP shall be reckoned only from the date of

         regular appointment and those who are entitled to 2nd

         MACP financial benefits accordingly shall be afforded the

         same, if not already done.



28.      The above order shall be complied with, within a period of six

months from the date of communication of this order. No order as to costs.



         Dated, the 1st October, 2013.




K.GEORGE JOSEPH                                       Dr.K.B.S.RAJAN
ADMINISTARTIOVE MEMBER                                JUDICIAL MEMBER




vs

No comments:

Post a Comment

Hmmmmm... what are you thinking? Do not forget to comment,It helps us to improve this blog and help us to make better. on