Central Administrative Tribunal - Jaipur
Kailash Chandra vs Union Of India on 25 April, 2011
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, JAIPUR BENCH Jaipur, this the 25th day of April, 2011 Original Application No.127/2009 CORAM: HONBLE MR. JUSTICE K.S.RATHORE, MEMBER (JUDL.) HONBLE MR. ANIL KUMAR, MEMBER (ADMV.) Kailash Chandra s/o Bhorilal, r/o Village Kalot, Post Ajabgah, via Pratapgarh, Tehsil Thanagaji, Distt. Alwar, presently working as G.D.S. BPM BO, Piplai SO Pratapgarh (Alwar). .. Applicant (By Advocate: Shri P.N.Jatti) Versus 1. Union of India through the Secretary to the Govt. of India Department of Posts, Dak Bhawan, Sansad Marg, New Delhi. 2. Chief Post Master General, Rajasthan Circle, Jaipur 3. Superintendent of Post Offices, Alwar Dn. Alwar .. Respondents (By Advocate: Shri Gaurav Jain) ORDER (ORAL)
Brief facts of the case are that the applicant was appointed as Extra Departmental Branch Post Master (EDBPM) on 25.1.1999 vide order dated 17.5.1999 and was posted at Mirzapur Branch Post Office. From there, he was transferred as Branch Post Master Pratapgarh (Alwar). At the time when the applicant was working at Mirzapur Post office he was drawing Rs. 3343/- but on his transfer the TRCA is reduced to Rs. 2738/-. Therefore, the present OA has been preferred seeking writ, order or direction directing the respondents to grant TRCA to the applicant as Rs. 3333/- per month w.e.f. 21.6.2008.
2. The peculiar facts of the case are that the applicant was appointed on the post of GDSBPM, Mirzapur w.e.f. 25.1.99. As per application dated 1.5.2007 and 16.5.2007 and 25.2.2008 due to personal problems of the applicant he requested for transfer from Mirzapur (Harsauli) EDBO to Piplai (Pratapgarh) EDBO and submitted an undertaking vide application dated 25.2.2008 that on selection to the post of GDSBPM, Piplai he is ready to accept the TRCA of new post i.e. Piplai (Pratapgarh). Having considered the request/undertaking made by the applicant, he was transferred from GDSBPM, Mirzapur to GDSBPM Piplai (Pratapgarh) EDBO vide memo dated 19.6.2008. It was also made clear vide this letter that he will get TRCA as per his work load and he was relieved on 21.6.2008 to join at GDSBPM, Piplai.
3. The learned counsel for the respondents submitted that as per letter dated 11.10.2004 issued by the Department of Posts, New Delhi relating to Time Related Continuity Allowance (TRCA), it has been clearly provided in para 3(iii) that Protection of TRCA is not extended to those surplus Gramin Dak Sewaks, who are redeployed on their own specific requests. The TRCA of such GDS may be fixed at the minimum of the 1st or 2nd TRCA corresponding to the actual work load. The work load of GDSBPM, Piplai was got assessed through Inspector Posts, Rajgarh and work load comes to 62.71 points and TRCA up to 75 points 1st TRCA i.e. Rs. 1280-35-1980 is payable as per clarification in the DG, Posts OM dated 5.3.1999. The first TRCA in the scale of Rs. 1280-35-1980 up to 75 points is payable to the applicant vide clarification contained in DG Posts OM dated 5.3.2009 and the same has been confirmed vide DG Posts letter dated 11.10.2004 and the Chief Post Master General, Rajasthan Circle, Jaipur also directed to take action as per instructions dated 11.10.2004.
4. As submitted by the learned counsel appearing for the applicant that the present controversy is squarely covered by the judgment rendered by the Full Bench at CAT-Ernakulam in the case of R.P.Hrishikeshan Nair & Ors. vs. Union of India and Ors., reported at 2009 (2) (CAT) 281. In that case also the applicant gave undertaking that he would be ready to work at the TRCA attached to the post. The Full Bench at CAT-Ernakulam answered the reference as:-
(a) As per the rules themselves, in so far transfer within recruitment unit and in the same post identical TRCA, there shall be no depletion in the quantum of TRCA drawn by the transferred individual.
(b) In so far as transfer from one post to the same Post with Diff. TRCA and within the Same Recruitment Unit, administrative instructions provide for protection of the same vide order dated 11th October, 2004, subject only to maximum of the TRCA in the transferred unit (i.e. maximum in the lower TRCA).
(c) .
5. The answer given in (b) is applicable in the instant case. As discussed hereinabove and after considering reply submitted by the respondents that the minimum working hours of the post of GDSBPM is 3 hours and TRCA is fixed on the basis of point system i.e. upto 75 points 1st TRCA of Rs. 1280-35-1980 is only payable and as per rules if a GDSBPM is engaged to perform additional duties of delivery of mails and conveyance of mails in addition to his own duties, only a maximum of Rs. 100/- is payable under existing instructions even if two separate duties connected with mail conveyance and delivery are performed. Separate incentive on NREGS related work is allowed to the GDSBPM which is not countable in TRCA. As held by the Full Bench at CAT-Ernakulam Bench the instructions issued vide DG Posts letter dated 11.10.2004 and the Chief Post Master General, Rajasthan Circle have been complied with. Regarding fixing TRCA of the applicant and relying upon the judgment of the Full Bench at CAT-Ernakulam on the basis of which the order in OA No.175/2008 dated 18.4.2011 has been passed, but the facts and circumstances of OA No.175/2008 in the case of Dilip Singh vs. UOI are altogether different and the ratio decided by the Full Bench at Ernakulam is not applicable in the facts and circumstances of the present case as in the instant case TRCA is fixed as per rules on the request of the applicant i.e. he is ready to work at Piplai on the pay which is being paid to the EDBPM Piplai as per the work load of post and admittedly, work load assessed by the Inspector Posts, Rajgarh is 62.75 points.
6. As such no interference whatsoever is called for by this Tribunal and consequently the OA is disposed as indicated hereinabove with no order as to costs.
(ANIL KUMAR) (JUSTICE K.S.RATHORE) Admv. Member Judl. Member R/