Central Administrative Tribunal - Jabalpur
Bhawani Singh vs D/O Postal on 3 December, 2025
1 O.As.Nos.200/00034, 109 & 201/2017
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Applications No.200/00034, 109 & 201/2017 Jabalpur, this Wednesday, the 3rd day of December, 2025 HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON'BLE MS MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. Harkishor Bhatt, S/o Sundar Lal Bhatt D.O.B-10-11-1952 Present Post- Grameen Dak Sevak (MD), Pichhore (Shivpuri), P.O- Shivpuri, Guna Division, Guna, M.P 473001 R/o Karar Kheda (Pichhore)
2. Trilok Singh Yadav, S/o Shri Vishwanath Yadav D.O.B-01-10-1956 Present Post- Grameen Dak Sevak (MD/MC), Rewai (Pichor), At Present GDS (MD), Branch Post Master, Garetha (Pichore), P.O- Shivpuri, Guna Division, Guna, M.P 493001 R/o Village Rewai (Pichhore) Digitally signed by RAJUL NAMDEO RAJUL DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya
3. Ram Singh Parihar, S/o ShriRam Charan Parihar DOB: 09-10-1960 Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9502048 NAMD 60d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d39662 134c765dec84aec2c142b41c6e609, E= Present Post- Grameen Dak Sevak (MD/MC), Piproda Ubari (Pichhore), At [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:25:25+05'30' Present GDS (MD), Branch Post Master, Devkheda (Pichhore), Shivpuri Foxit PDF Reader Version: 2024.3.0 HO Guna Division, Guna, M.P 473001 R/o Piproda Ubari (Pichore),
4. Ramcharan Jatav, S/o Shri Gambhir Jatav, DOB: 03-07-1952, Present Post- Grameen Dak Sevak (M.D), Badarvas (Pichhore), P.O- Shivpuri, Guna H.O, Guna Division, Guna, M.P 473001
5.Mungaram Ahirwar, S/o Shri Nathu Ram Ahirwar D.O.B-01-06-1950, Present Post- Grameen Dak Sevak (M.D), Kherwas (Pichhore), P.O- Shivpuri, Guna H.O, Guna Division, Guna, M.P 473001 R/o Kherwas (Pichhore)
-Applicants in O.A. No. 200/00034/2017
1. Bhawani Singh,S/o Shri Gulab Singh D.O.B 02-03-1957 Present Post- Grameen Dak Sevak (MD), Achalgarh (Mungawali), Ashok Nagar H.O, Guna Division, Guna, M.P R/o Village Post- Achalgarh (Mungawali)
2. Shyambabu Rajak, S/o Shri Fattu Lal Rajak D.O.B-01-01-1966 Present Post- Grameen Dak Sevak (MD/MC), Johari (Bamori), Guna H.O, Guna Division, Guna, M.P R/o Johari (Bamori)
3. Prem Kumar Sharma, S/o Shri Ratan Lal Sharma DOB: 10-06-1962, Page 1 of 10 2 O.As.Nos.200/00034, 109 & 201/2017 Present Post- Grameen Dak Sevak (M.D/M.C), Sonkhara (Bamori), Guna H.O, Guna Division, Guna, M.P R/o Sonkhara (Bamori)
4. Shivcharan Kirar, S/o Shri Sardar Singh Kirar, DOB: 01-03-1956, Present Post- Grameen Dak Sevak (M.D), Paranth (Bamori), Guna H.O, Guna Division, Guna, M.P R/o Paranth (Bamori),
5. Udhamlal Jatav, S/o Shri Madhav Lal Jatav, D.O.B-07-07-1965 Present Post- Grameen Dak Sevak (M.D), Parsol BO (Isagarh), Ashok Nagar H.O, Guna Division, Guna, M.P R/o Parsol (Isagarh)
6. Murari Lal Sharma, S/o Shri Paras Ram Sharma D.O.B-05-10-1964 Present Post- Grameen Dak Sevak (M.D), Mrigwas (Kumbhraj), Guna H.O, Guna Division, Guna, M.P R/o Mrigwas (Kumbhraj)
7. Purushottam Sharma, S/o Shri Mool Chand Sharma D.O.B-14-09-1952 Present Post- Grameen Dak Sevak (M.D), Badi Ukawad (Maksudangarh), Guna H.O, Guna Division, Guna, M.P R/o Badi Ukawad (Maksudangarh) Digitally signed by RAJUL NAMDEO RAJUL DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya
-Applicants in O.A. No.200/00109/2017 Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9502048 NAMD 60d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d39662
1. Rakesh Ojha (Grameen Daak Sevak), S/o late Sh. Champalal Ojha, Date 134c765dec84aec2c142b41c6e609, E= [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:25:25+05'30' of birth 24.11.1986, R/o Village & Post Khatora, District- Shivpuri (MP) Foxit PDF Reader Version: 2024.3.0 473551
2. Suresh Kumar Tiwari (Grameen Daak Sevak), S/o Late Shri Sudama Prasad Tiwari, Date of birth 30.6.1980, R/o Village Silpura, Khaniyadhana, District- Shivpuri (MP). 473551
3. Zakir Ali (Grameen Daak Sevak), S/o late Sh. Babboo Ali, Date of birth 21.9.1976, R/o Village & Post Fatehgarh, Via Bamouri, District- Guna(MP). 473001
4. Mukesh Kushwaha (Grameen Daak Sevak), S/o late Sh. Baijnath Kushwaha, Date of birth 16.6.1985, R/o Village & Post Todra, Via Maksoodangarh, District- Guna (MP). 473001
5. Smt. Sumita Sharma (Grameen Daak Sevak), W/o late Sh. Omprakash Sharma, Date of birth 10.9.1971, R/o Village & Post Toomen, District- Ashoknagar (MP) 473331
-Applicant in O.A. No.200/00201/2017 (By Advocate -Shri Akash Choudhary) Page 2 of 10 3 O.As.Nos.200/00034, 109 & 201/2017 Versus
1. Union of India, Through its Secretary, Ministry of Communication & IT, Department of Post, 'Dak Bhawan', New Delhi 110 001
2. Chief Post Master General MP Circle, Dak Bhavan, Hoshangabad Road Bhopal -462012
3. Post Master General, Indore Region, Indore 452 001 (Μ.Ρ.)
4. Superintendent of Post Offices Guna Division, Guna- 473001
5. Post Master, Shivpuri Head Post office Shivpuri 473551 (M.P)
- Respondents in O.A. No. 200/00034/2017
1. Union of India, Through its Secretary, Ministry of Communication & IT, Department of Post, 'Dak Bhawan', New Delhi 110 001 Digitally signed by RAJUL NAMDEO RAJUL DN: C=IN, O=Personal, PostalCode=
2. Post Master General Indore Region, Indore 452 001 (Μ.Ρ.) 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9502048 NAMD 60d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d39662 134c765dec84aec2c142b41c6e609, E= [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:25:25+05'30' Foxit PDF Reader Version: 2024.3.0 3. Superintendent of Post Offices 3. Guna Div Division, Guna- 473001
4. Post Master, Guna Head Post office Guna (M.P)473001
- Respondents in O.A. No. 200/00109/2017
1. Union of India, Through its Secretary, Ministry of Communication & IT, Department of Post, Dak Bhawan, Sansad Marg New Delhi-110001
2. The Chief Post Master General, MP Circle, Dak Bhavan, Hoshangabad Road, Bhopal-462001 (MP)
3. The Director, Postal Services, Indore Region O/o Post Master General, Indore- 452001 (MP)
4. The Superintendent of Post Offices, Guna Division, Guna 473001 (MP)
5. The Post Master Head Post office- Shivpuri, Shivpuri-473551, M.P
6. The Post Master Guna Head Post office, Guna 473001, M.P
- Respondents in O.A. No. 200/00201/2017 (By Advocate -Shri D.S.Baghel) Page 3 of 10 4 O.As.Nos.200/00034, 109 & 201/2017 COMMON O R D E R By Justice Akhil Kumar Srivastava, JM;
The issue involved in both the Original Applications is the same.
Hence, these are disposed of by a common order. For the sake of convenience, the facts, stated in Original Application No.200/00109/2017 is being discussed.
2. Through these Original Applications, the applicants have challenged the common order dated 20.05.2003 by which the Time Rated Continuity Allowance (TRCA) of GDS employees was reduced while Digitally signed by RAJUL NAMDEO RAJUL DN: C=IN, O=Personal, PostalCode= fixing their TRCA on evaluating low work load. 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9502048 NAMD 60d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d39662 134c765dec84aec2c142b41c6e609, E= [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:25:25+05'30' Foxit PDF Reader Version: 2024.3.0 3. The brief facts of the case are that the applicants were initially appointed with the respondent department on the post of GDS MD/MC.
The grievance of the applicants stood up when revised TRCAs were introduced due to evaluation of lesser work load on the GDS employees vide Superintendent Of Post Offices Guna Division order dated 19.05.2003. It is pertinent to mention here that at the particular period, the applicants who was drawing TRCA in the scale of Rs. 1740-30-2640 and was drawing the basic of Rs. 1,890, they were placed in a lower scale vide order dated 19.05.2003 and their TRCA scale was lowered from Rs. 1740-
30-2640 to Rs. 1375-25-2125. Thus, the applicants who were getting the basic TRCA of Rs. 1,890/- on 01-05-2003, but the same was not protected by the respondents and from 01.05.2003, their basic pay was reduced as Rs.
Page 4 of 10 5 O.As.Nos.200/00034, 109 & 201/20171,375/-in the inferior pay scale by putting him in TRCA scale of Rs. 1375- 25-2125. Upon evaluation of reduction of work load, since 01.05.2003 they are receiving the lower TRCA in the scale of Rs. 1375-25-2125/1220-20- 1600. The right process was to fix their TRCA by protecting their earlier basic pay which was getting in the earlier TRCA scale. Thus, the respondents have not acted as per order dated 11.10.2004. The applicants are receiving lesser TRCA since May 2003 than their entitlement. The applicants have preferred detailed representations to the respondents, which were cumulatively filed as Annexure A-5 but the respondents are sitting tight over the matter. Hence these O.As.
Digitally signed by RAJUL NAMDEORAJUL DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9502048 NAMD 60d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d39662 134c765dec84aec2c142b41c6e609, E= [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:25:25+05'30' Foxit PDF Reader Version: 2024.3.0
4. Per contra the respondents have filed their reply wherein it has been stated that the applicants are working on difference category of GDS in Guna Division. They were getting TRCA(Time Related Continuity Allowance according to work load basis fixed as per order dated 17.12.1998 issued as per recommendation of Justice Talwar Committee (Annexure A/1). As per order passed by the CAT Chennai Bench of the Tribunal in OA No. 1011/2001 & directions contained in Director Generals (P) New Delhi letter No. 14-16/2001 PAP dated 11.09.2002 the Time Related Continuity Allowance of all GDS officials including the applicants were revised vide memo dated 19.05.2003 (Annexure A/2) with effect from 01.05.2003. The Department of Posts vide Resolution dated 23.07.2007 set up One-man committee to examine the system of extra departmental post Page 5 of 10 6 O.As.Nos.200/00034, 109 & 201/2017 offices and wage structure of Gramin Dak Sevaks. The Committee submitted its report on 29.10.2008. As per letter dated 09.10.2009 TRCA for different categories of Gramin Dak Sevaks was revised and fixed w.e.f 01.01.2006. The applicants are getting revised TRCA w.ef. 01.01.2006.
The applicants never raised any grievance in respect of assessment of work load and fixation of TRCA in 2003 as per order passed by the CAT Chennai Bench of the Tribunal in OA No. 1011/2001 & directions contained in Director Generals letter dated 11.09.2002. They accepted the revised TRCA on both occasions. Now after almost 13 years the applicants have filed the instant original application on the ground that at the time of Digitally signed by RAJUL NAMDEO RAJUL DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9502048 NAMD 60d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d39662 fixation of their TRCA vide memo dated 19.05.2003 their TRCA was not 134c765dec84aec2c142b41c6e609, E= [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:25:25+05'30' Foxit PDF Reader Version: 2024.3.0 protected to the minimum of basic ignoring the order dated 11.10.2004 (Annexure A/3). The applicants are claiming revision of their TRCA from 2003. The respondents further submitted that similarly placed GDS Shri Suresh Chandra Sharma and Shri Mohan Prasad Sharma of Guna Division had filed O.A. No. 532/2006 before the Hon'ble Tribunal challenging their TRCA fixation on lower side done vide same memo dated 19.05.2003 and claiming substantially same relief. After due consideration of all grounds the Hon'ble Tribunal has been pleased to dismiss the Original Application vide detailed order dated 14.05.2008. The issue raised in the present original application has already been considered and decided vide order dated 14.05.2008 in OA No.532/2006.Page 6 of 10 7 O.As.Nos.200/00034, 109 & 201/2017
5. The applicant has filed a rejoinder more or less reiterating what has been said in the Original Application.
6. Heard the arguments advanced by both the parties and perused the documents annexed and the judgments relied upon by the parties. We have also gone through the written arguments submitted by the applicants.
7. Section 21 of the Administrative Tribunals Act, 1985 (for short `the Act' ) deals with limitation for filing O.A. before this Tribunal. Under the Act, the limitation has been prescribed for filing O.A. within one year from Digitally signed by RAJUL NAMDEO RAJUL DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya Pradesh, the date of cause of action. The same can be extended by another six STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9502048 NAMD 60d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d39662 134c765dec84aec2c142b41c6e609, E= [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:25:25+05'30' Foxit PDF Reader Version: 2024.3.0 months from the date of filing of appeal if the same is not decided. It has further been mentioned in the Act that if the application is not filed within time as stipulated in Section 21 of the Act, then the applicant has to move a Miscellaneous Application for condonation of delay by explaining why Original Application could not be filed within the limitation.
7.1 In the case of D.C.S. Negi vs. Union of India & Ors., (2018) 16 SCC 721, the Hon'ble Supreme Court has held as under:
"12. Before parting with the case, we consider it necessary to note that for quite some time, the Administrative Tribunals established under the Act have been entertaining and deciding the applications filed under Section 19 of the Act in complete disregard of the mandate of Section 21, which reads as under:
"21. Limitation.--(1) A Tribunal shall not admit an application--
(a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of Section 20 has been made in connection with the Page 7 of 10 8 O.As.Nos.200/00034, 109 & 201/2017 grievance unless the application is made, within one year from the date on which such final order has been made;
(b) in a case where an appeal or representation such as is mentioned in clause (b) of sub-section (2) of Section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months.
(2) Notwithstanding anything contained in sub-section (1), where--
(a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the matter to which such order relates; and
(b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court, the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or, as the case may be, clause (b) of sub-
section (1) or within a period of six months from the said date, whichever period expires later.
Digitally signed by RAJUL NAMDEORAJUL DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya (3) Notwithstanding anything contained in sub-section (1) or sub-section Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9502048 NAMD 60d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d39662 (2), an application may be admitted after the period of one year specified 134c765dec84aec2c142b41c6e609, E= [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:25:25+05'30' in clause (a) or clause (b) of sub-section (1) or, as the case may be, the Foxit PDF Reader Version: 2024.3.0 period of six months specified in sub-section (2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period."
13. A reading of the plain language of the above reproduced section makes it clear that the Tribunal cannot admit an application unless the same is made within the time specified in clauses (a) and (b) of Section 21(1) or Section 21(2) or an order is passed in terms of sub-section (3) for entertaining the application after the prescribed period. Since Section 21(1) is couched in negative form, it is the duty of the Tribunal to first consider whether the application is within limitation. An application can be admitted only if the same is found to have been made within the prescribed period or sufficient cause is shown for not doing so within the prescribed period and an order is passed under Section 21(3)."
8. In the instant case, the cause of action arose in the year 2003, however, the applicants kept silent and did not agitate the matter since then.
In the year 2017, i.e. after more than one decade, the applicants are seeking relief, without there being any satisfactory explanation for not approaching Page 8 of 10 9 O.As.Nos.200/00034, 109 & 201/2017 the Tribunal within the limitation period. Thus, we find that the O.A is barred by limitation as per Section 21 of the Act. Further the respondents in their reply have filed one Original Application No. 532/2006, wherein the similar orders have been passed, the relevant portion of which reads thus:-
"6.It is seen that the impugned shove cause notice (annexure A-2) was issued in pursuance of the directions given by this Tribunal in OA. No. 393/03. Through this show cause notice, the respondents invited representation against reduction of the TRCA as per order dated 19.5.2003 (Annexure R-4). The applicants represented against this reduction through their representation (Annexure A-6), but we find that they did not give any valid reasons for maintaining the TRCA except saying that since there is no change in the area of the jurisdiction of the applicants, there can not be any reduction in the Digitally signed by RAJUL NAMDEO RAJUL DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya TRCA. The respondents have clarified in their reply that the TRCA Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9502048 NAMD 60d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d39662 had to be recalculated because of change in beat from foot to cycle. 134c765dec84aec2c142b41c6e609, E= [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:25:25+05'30' The applicants have not contested this claim, while filing a rejoinder. Foxit PDF Reader Version: 2024.3.0 The respondents have also clarified that the recalculation has been done based on the guidelines issued in respect of replacement of the foot beat formula by cycle beat formula (vide annexure R-5). The contention of the applicants that the TRCA could not be reduced as per the directions contained in the order dated 11.10.2004 (annexure A-7), does not appear to be correct, as the aforesaid directions are actually the guidelines based on which the TRCA can be refixed. These directions clearly lay down that periodical review of workload should be undertaken and TRCA should be fixed based on the actual workload. Since the applicants have failed to advance any arguments contesting the basis on which the workload has been assessed and consequently TRCA has been revised, we are of the considered view that the applicants are not entitled to the relief that they have prayed for through this O.A., however, would be applicable with effect from the date of issue of the notice i.e. 24.2.2005 and if any excess payment has been made on account of the old rate of TRCA for the period before 24.2.2005 it will not be recovered from the applicants and if any recovery on this account has already been made, it shall be refunded to them as undertaken by the respondents in their counter reply. With these directions, the OA is dismissed. No costs.Page 9 of 10 10 O.As.Nos.200/00034, 109 & 201/2017
9. Hence, in view of the discussions made above and also to maintain parity with the cases discussed above of this Bench, we find that there is no merit in all the Original Applications and the same deserves to be dismissed.
10. In view of the above, the Original Applications are dismissed. No order as to costs.
11. As a sequel thereof, pending Miscellaneous Application(s), if any, shall also stands disposed of.Digitally signed by RAJUL NAMDEO
RAJUL DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9502048 NAMD 60d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d39662 134c765dec84aec2c142b41c6e609, E= [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:25:25+05'30' Foxit PDF Reader Version: 2024.3.0 (Mallika Arya) (Akhil Kumar Srivastava) Administrative Member Judicial Member rajul Page 10 of 10