Kerala High Court
Union Of India vs M.B.Sumadevi on 16 January, 2025
Author: Amit Rawal
Bench: Amit Rawal
OP (CAT) NO. 169 OF 2019 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
OP (CAT) NO. 169 OF 2019
AGAINST THE ORDER DATED 10.01.2018 IN OA NO.359 OF 2017
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN OA:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF COMMUNICATIONS, NEW DELHI- 110001.
2 THE DIRECTOR (STAFF),
DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATIONS AND
IT, NEW DELHI- 110001.
3 THE CHIEF POSTMASTER GENERAL,
KERALA CIRCLE, THIRUVANANTHAPURAM, KERALA- 695001.
4 THE SENIOR SUPERINTENDENT OF RAILWAY MAIL SERVICE,
RAILWAY MAIL SERVICES, ERNAKULAM DIVISION, ERNAKULAM-
682011.
BY ADV DEPUTY SOLICITOR GENERAL OF INDIA
RESPONDENT/S:
1 M.B.SUMADEVI,
AGED 52 YEARS
WIFE OF N.RADHAKRISHNAN, SORTING ASSISTANT HEAD
RECORD OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM
DIVISION, RESIDINT AT PUSHYARAGAM, MALIAKAL,
CHOTTANIKKARA P.O., ERNAKULAM- 682312.
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2 VISWANADHAN V.S.,
AGED 56 YEARS
SON OF SREEDHARAN N.K., SORTING ASSISTANT, HEAD
RECORD OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM
DIVISION, RESIDING AT KUZHIAMPIL, KARAMALA P.O.,
KOOTHATTUKULAM, ERNAKULAM- 686662.
3 KESAVAN ELAYATH M.K.,
AGED 55 YEARS
SON OF KESAVAN ELAYATH M.D., SORTING ASSISTANT, HEAD
RECORD OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM
DIVISION, RESIDING AT KUNNKKATTILLOM, VADAKARA P.O.,
THALAYOLAPARAMBU, KOTTAYAM- 686605.
4 O.K.SHEELA,
AGED 54 YEARS
WIFE OF K.R.SHAJI, SORTING ASSISTANT, HEAD RECORD
OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM DIVISION,
RESIDING AT KUNNATH HOUSE, C-I, SOUMYA NAGAR,
PADIVATTOM, EDAPALLY P.O., ERNAKULAM- 682024.
5 T.D.SUDHA,
AGED 51 YEARS
WIFE OF P.V.SHAJI, SORTING ASSISTANT, HEAD RECORD
OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM DIVISION,
RESIDING AT PUTHENPURAYIL, POLASSERY, VAIKOM,
KOTTAYAM- 686141.
6 N.G.KANAKAM,
AGED 56 YEARS
WIFE OF VIJAYAKUMAR P.K., SORTING ASSISTANT, HEAD
RECORD OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM
DIVISION, RESIDING AT VIJAY VIHAR, XXXXIII-
774(30/115), ANRA-110, NAIR SAMAJAM ROAD, EROOR WEST,
TRIPUNITHURA, ERNAKULAM- 682305.
7 B.PRASANA KUMARI,
AGED 54 YEARS
WIFE OF V.K.VISWANATHAN, SORTING ASSISTANT, HEAD
RECORD OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM
DIVISION, RESIDING AT BHAGY KRISHNA, 33/2244A,
VENNALA P.O., ERNAKULAM- 682028.
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8 M.C.RAMANI,
AGED 55 YEARS
WIFE OF THE LATE K.M.SURESH, SORTING ASSISTANT, HEAD
RECORD OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM
DIVISION, RESIDING AT KARUVELIPARAMBIL HOUSE, TOLL
GATE ROAD, VADUTHALA P.O., ERNAKULAM- 682023.
9 RAJU GEORGE K.X.,
AGED 52 YEARS
SON OF XAVIE, SORTING ASSISTANT, HEAD RECORD OFFICE,
RAILWAY MAIL SERVICE, ERNAKULAM DIVISION, RESIDING AT
21/1537, KATTITHARA, PALLURUTHY, KOCHI- 682006.
0 SALIMKUMAR M.K.,
AGED 52 YEARS
SON OF KUTTAPPAN, SORTING ASSISTANT, HEAD RECORD
OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM DIVISION,
RESIDING AT MARANGATTIL HOUSE, APPU MEMORIAL ROAD,
AIMS, PONEKKARA P.O., ERNAKULAM- 682041.
11 K.A.CHINNAMMA,
AGED 55 YEARS
WIFE OF V.G.ANTONY, SORTING ASSISTANT, HEAD RECORD
OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM DIVISION,
RESIDING AT VALEPPILLY HOUSE, DHANYA LANE, MANIMALA
ROAD, AIMS PONEKKARA P.O., ERNAKULAM- 682041.
12 JAYALEKSHMI K.A.,
AGED 56 YEARS
WIFE OF RAJAN P.G., SORTING ASSISTANT, HEAD RECORD
OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM DIVISION,
RESIDING AT RAGADEEPAM, MAHANTHURUTH, VADAKKEKARA
P.O., NORTH PARUR, ERNAKULAM-683522.
13 BEENA GEORGE,
AGED 53 YEARS
WIFE OF A.J.MATHEW, SORTING ASSISTANT, HEAD RECORD
OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM DIVISION,
RESIDING AT G-22, GREEN GARDEN, EDAPALLY TOLL,
EDAPALLY P.O, ERNAKULAM- 682024.
14 THRESIA P.V.,
AGED 53 YEARS
WIFE OF XAVIER C.A., SORTING ASSISTANT, HEAD RECORD
OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM DIVISION,
RESIDING AT MARIABHAVAN, MANNAR, POOZHIKOL P.O.,
KADUTHURUTHY, KOTTAYAM- 686604.
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15 ALEYAMMA K.C.,
AGED 54 YEARS
WIFE OF THOMAS M.J., SORTING ASSISTANT, HEAD RECORD
OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM DIVISION,
RESIDING AT MANAPPILLIL HOUSE, ARAKKUNNAM P.O.,
ERNAKULAM- 682313.
16 R.VALSALA,
AGED 54 YEARS
WIFE OF P.C.HARIHARAN NAIR, SORTING ASSISTANT, HEAD
RECORD OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM
DIVISION, RESIDING AT SAWPARNIKA, VALAYANCHIRANGARA
P.O., POONOORKARA, PERUMABVOOR(VIA), ERNAKULAM-
683556.
17 T.S.CHANDRAMATHY,
AGED 57 YEARS
WIFE OF K.SANKARAN NAIR, SORTING ASSISTANT, HEAD
RECORD OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM
DIVISION, RESIDING AT 23/D/O-STAR HOMES,
TRIPUNITHURA, ERNAKULAM- 682301.
18 P.K.TERESA,
AGED 53 YEARS
WIFE OF K.J.JOY, SORTING ASSISTANT, HEAD RECORD
OFFICE, SOUTHERN NAVAL COMMAND, NAVAL BASE, RAILWAY
MAIL SERVICE, ERNAKULAM DIVISION, RESIDING AT
KATTUPARAMBIL HOUSE, S.W.T.S.ROAD, ASSISI JUNCTION,
ALUVA, ERNAKULAM- 683101.
19 C.N.THANKA KUNJAMMA,
AGED 54 YEARS
WIFE OF N.R.MURALEEDHARAN, SORTING ASSISTANT, SUB
RECORD OFFICE, ALUVA, RAILWAY MAIL SERVICES,
ERNAKULAM DIVISION, RESIDING AT SINDHOORAM,
KANJIRAKAD, RAYONAPURAM P.O., PERUMBAVOOR, ERNAKULAM-
683543.
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20 DEVAKY U.M.,
AGED 54 YEARS
WIFE OF VELAYUDHAN V.K., SORTING ASSISTANT, HEAD
RECORD OFFICE, RAILWAY MAIL SERVICE, ERNAKULAM
DIVISION, RESIDING AT VETTATHUPARAMBIL, BHEAM BHAVAN,
MARADU P.O., KANNADIKADU, ERNAKULAM- 682304.
BY ADVS.
P.MOHANDAS(ERNAKULAM)
SABU PULLAN(K/35/2001)
GOKUL D. SUDHAKARAN(K/000886/2016)
R.BHASKARA KRISHNAN(K/000891/2016)
BHARATH MOHAN(K/1392/2020)
K.P.SATHEESAN (SR.)(S-242)
OTHER PRESENT:
Sri.T.C Krishna(DSGI incharge)
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 16.01.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT) NO. 169 OF 2019 6
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JUDGMENT
Amit Rawal, J.
The present Original petition is directed against the findings of the Central Administrative Tribunal dated 10.1.2018 allowing the OA No.359 of 2017 preferred by the respondents-applicants.
2. The grievance of the respondents-applicants was on account of the inaction and refusal on the part of the authority in counting the service rendered by them under the Reserved Trained Pool (in short RTP) system in terms of the various judicial decisions of the different Benches of the Tribunal. Noticing the fact that the CAT in OA No.79 of 2011 allowed the same very relief which was affirmed by this Court in OP (CAT) No.114 of 2014 and connected cases as well as by the Supreme Court in SLP No.25442 of 2017.
The learned Tribunal has allowed the OA in the following manner:
11. In OAs Nos. 180/460/2015, 180/359/2017, 180/372/2017, 180/377/2017 and 180/385/2017 besides their plea for reckoning their service in the RTP for the purpose of conferment of TBOP, the applicants seek the relief of fixing their seniority right from the date of their recruitment as RTP candidates. The respondents resist this relief contending that if seniority is to be fixed retrospectively from the date of their selection as RTP candidates, the same would upset the rights acquired by the existing Postal Assistants.
12. It is settled position that raking up of old matters of seniority is likely to result in administrative complications (see K.R. Mudgal & Ors. v. R.P. Singh & Ors. AIR 1986 SC 2086 and Tilokchand Motichand v. H.B. Munshi-AIR 1970 SC 898).OP (CAT) NO. 169 OF 2019 7
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13. Therefore, we are of the view that the applicants cannot rely on the afore-mentioned judicial precedents including Annexures A4, A5 and A6 to fortify their claim of seniority from the date of their selection as RTP candidates.
However, we are of the view that in the light of Annexures A4, A5 and A6 judicial decisions the applicants in these cases on hand are entitled to the benefits of those decisions especially in relation to the fixation of their TBOP and pensionary benefits. As the Modified Assured Career Progression Scheme (for short, MACPS) envisages regular service as a threshold requisite, we hold that for claiming benefits under the MACPS the service rendered by the applicants in the above cases shall be counted only from the date of their regularisation as Postal Assistants/Sorting Assistants. In order to cut short further litigations we direct that the respondents shall grant the benefit of Annexure A4 order of this Tribunal to all the applicants in the afore- captioned OAs and also to the other similarly situated persons who have not approached this Tribunal so far.
14. With the above directions, we dispose of these Original Applications. The respondents shall grant the monetary benefits to all RTP candidates in terms of the above order within three months from the date of receipt of a copy of this order. Parties shall suffer their own costs.
3. We are of the view that there is no illegality and perversity in the order. No ground for interference is made out. Original petition is dismissed.
Sd/-
AMIT RAWAL JUDGE Sd/-
sab K. V. JAYAKUMAR
JUDGE
OP (CAT) NO. 169 OF 2019 8
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APPENDIX OF OP (CAT) 169/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF O.A.NO.359 OF 2017 FILED BY
THE RESPONDENT DATED 10.05.2017.
EXHIBIT P1(A1) TRUE COPY OF THE DG P&T LETTER NO.60/36/80-SPB I DATED 30.10.1980.
EXHIBIT P1(A2) TRUE COPY OF THE DG, P&T, NEW DELHI LETTER NO.60-31/81-SPB-I DATED 18.06.1982.
EXHIBIT P1(A3) TRUE COPY OF THE P&T LETTER NO.60-31/81- SPB-I DATED 08.03.1983.
EXHIBIT P1(A4) TRUE COPY OF THE OFFICE MEMORANDUM NO.F7(I)/E(COORD)/84 DATED 20.06.1984 ISSUED BY MINISTRY OF FINANCE.
EXHIBIT P1(A5) TRUE COPY OF THE FINAL ORDER DATED 21.04.1992 IN O.A.NO.814/90 & CONNECTED CASES OF THE CAT.
EXHIBIT P1(A6) TRUE COPY OF THE FINAL ORDER OF THE JABALPUR BENCH OF THE HONOURABLE TRIBUNAL IN TA NO.92 OF 1986.
EXHIBIT P1(A7) TRUE COPY OF THE ORDER 28.03.1990 OF THE HONOURABLE SUPREME COURT IN REVIEW PETITION (CIVIL)NO.86/89.
EXHIBIT P1(A8) TRUE COPY OF THE FINAL ORDER IN T.A.NO.132 OF 1987 (O.P.3615/85) AND CONNECTED CASES OF THE MADRAS BENCH OF THE CAT.
EXHIBIT P1(A9) TRUE COPY OF THE FINAL ORDER DATED 18.08.1992 IN O.A.NO.1706 OF 1991 AND CONNECTED CASES.
EXHIBIT P1(A10) TRUE COPY OF THE FINAL ORDER DATED 28.01.1993 IN O.A.NO.929 OF 1992 OF THIS HONOURABLE TRIBUNAL.
OP (CAT) NO. 169 OF 2019 92025:KER:5167 EXHIBIT P1(A11) TRUE COPY OF THE FINAL ORDER DATED 08.02.1996 IN O.A.NO.1410 OF 1995 OF THIS HONOURABLE TRIBUNAL.
EXHIBIT P1(A12) TRUE COPY OF THE RELEVANT PAGES OF THE JUDGMENT DATED 16.09.2003 OF THE HONOURABLE HIGH COURT OF KERALA IN O.P.NO.21249 OF 2000.
EXHIBIT P1(A13) TRUE COPY OF THE LR.NO.RTI-2005/26/10 DATED 15.09.2010 ISSUED BY THE SENIOR SUPERINTENDENT, RMS DIVISION THIRUVANANTHAPURAM.
EXHIBIT P1(A14) TRUE COPY OF THE LR.NO.ST/RTI-2005/42/2010 DATED 01.10.10 ISSUED BY THE ASSISTANT POSTMASTER GENERAL (STAFF), THIRUVANANTHAPURAM.
EXHIBIT P1(A15) TRUE COPY OF THE FINAL ORDER DATED 31.10.2003 IN OA 788/HR/2003 OF THE CAT, CHANDIGRAH BENCH.
EXHIBIT P1(A16) TRUE COPY OF THE JUDGMENT DATED 18.02.2014 IN CWP NO.1466-CAT OF 2004 OF THE HIGH COURT OF PUNJAB AND HARIYANA AT CHANDIGRAH BENCH.
EXHIBIT P1(A17) TRUE COPY OF THE MEMO NO.B-2/42/COURT CASES DATED 31.07.2014.
EXHIBIT P1(A18) TRUE COPY OF THE LETTER NO.B-
2/VIG./RIG./CORR. DATED 17.09.2014 ISSUED BY THE SUPERINTENDENT RMS, AMBALA DIVISION.
EXHIBIT P1(A19) TRUE COPY OF THE FINAL ORDER DATED 31/08 IN O.A.NO.719 OF 1996 AND OTHER CONNECTED CASES OF THE BOMBAY BENCH OF CAT.
EXHIBIT P1(A20) TRUE COPY OF THE LETTER BEARING NO.44- 1/2011/SPB.II DATED 12.04.12 ISSUED BY THE DIRECTOR(STAFF), DEPARTMENT OF POST, MINISTRY OF COMMUNICATION AND IT, NEW DELHI.
OP (CAT) NO. 169 OF 2019 102025:KER:5167 EXHIBIT P1(A21) TRUE COPY OF THE FINAL ORDER DATED 01.10.2013 IN O.A.NO.79 OF 2011 AND CONNECTED CASES OF CAT, ERNAKULAM.
EXHIBIT P1(A22) TRUE COPY OF THE FINAL ORDER DATED 14.08.2014 OF THE CAT, HYDERABAD BENCH IN OAS 56,60,71,72,73 AND 74 OF 2014.
EXHIBIT P1(A23) TRUE COPY OF THE RELEVANT PORTIONS OF THE FINAL ORDER DATED 15.04.2015 OF THE HYDERABAD BENCH OF CAT IN OA NO.779 OF 2013 AND O.A.NO.780 OF 2013.
EXHIBIT P1(A24) TRUE COPY OF THE JUDGMENT DATED 17.03.2017 IN OP(CAT)NO.89/14 AND CONNECTED CASES OF HONOURABLE HIGH COURT OF KERALA.
EXHIBIT P1(A25) TRUE COPY OF THE ORDER DATED 10.03.2017 OF THE HONOURABLE HIGH COURT OF JUDICATURE FOR THE STATE OF TELUNGANA AND ANDHRA PRADESH IN WP NO.17400 OF 2016.
EXHIBIT P1(A26) TRUE COPY OF THE ORDER NO.CC/2-87/96 DATED 04.04.1997 ISSUED BY THE SENIOR SUPERINTENDENT OF POST ALUVA DIVISION.
EXHIBIT P2 TRUE COPY OF REPLY STATEMENT IN O.A.NO.359/17 FILED BY RESPONDENT DATED 05.07.2017.
EXHIBIT P2(A1) TRUE COPY OF THE LETTER ADDRESSED TO RAJU GEORGE K.S. EXHIBIT P2(A2) TRUE COPY OF THE MEMO NO.B-103 DATED 29.05.1990.
EXHIBIT P2(A3) TRUE COPY OF THE APEX COURT JUDGMENT IN UNION OF INDIA VS K.M.SIVADAS AIR 1997 SC 3100.
EXHIBIT P2(A4) TRUE COPY OF THE ORDER GIVEN AT THE TIME OF ENGAGEMENT US SBSA.
EXHIBIT P3 TRUE COPY OF THE ORDER IN O.A.NO.356 OF 2017 DATED 10.01.2018.
OP (CAT) NO. 169 OF 2019 112025:KER:5167 EXHIBIT P4 TRUE COPY OF THE REVIEW APPLICATION IN RA NO.12/2018 DATED 12.02.2018.
EXHIBIT P5 TRUE COPY OF ORDER IN REVIEW APPLICATION NO.12/2018 DATED 12.03.2018.