Central Administrative Tribunal - Patna
Pradeep Kumar Mishra And Ors vs Posts on 17 August, 2021
1 OA 385/2021 CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA OA/050/00385/2021 Date of Order :17.08.2021 COR AM HON'BLE MR. M.C.VERMA, ...... .................... JUDICIAL MEMBER
1. Pradeep Kumar Mishra, aged about 59 years, S/o Bansidhar Mishra, Village & PO-Amas, Amas, District-Gaya-824219.
District
2. Shankar Dayal Singh, aged about 58 years, S/o Braj Mohan Singh, Village-Kosdihara, Kosdihara, PO-Nabinagar, PO Distt.-Aurangabad Aurangabad 824301.
.......... Applicants.
- By Advocate : Shri N.N.Singh
-Versus
Versus-
1. The Union of India through its Secretary, Ministry of Communication, Deptt. Of Posts, Dak Bhawan, New Delhi Delhi-- 110001.
2. The Chief Postmaster General, Bihar Circle, Patna Patna-800001.
3. The Supdt. Posts, Aurangabad Div. Aurangabad-824101.
4. The Postmaster, Aurangabad Head PO, Aurangabad Aurangabad-824101.
......... Respondents.
By Advocate :- Shri Radhika Raman.
O R D E R [ ORAL ] M.C.Verma, Member (Judl.)
1. Heard. This OA has been filed by two applicants for direction for regularisation of their service is RTP (Reserve Trained Pool) of Postal Department for the purpose of regular increment, pay and other consequential benefit. The OA is at 2 OA 385/2021 notice stage hearing and having received received advance copy of OA Shri Radhika Raman Advocate has appeared for respondents.
2. The case of the applicants,, as has been set out in the OA is that they are the employee of Postal Department, that vide circular dated 30.10.1980 a Scheme, to constitute Reserve Trained Pool of Postal and Sorting Assistant was introduced by the Respondents and after fulfilling all prescribed formalities applicants were selected and were appointed as Reserve Trained Pool Postal Assistant in year 1983. That applicants joined their duty as Reserve Trained Pool in Aurangabad Division in Bihar. That on completion of six years of regular service, the applicant No.2 was absorbed as Postal Assistant on regular basis, w.e.f.
f. 15.02.1988 and applicant no.1 no. was observed on 21.09.1989 and thereafter, they were granted benefit of financial up gradation of TBOP and of second MACP, however, Respondents did not count count the service rendered by them as Reserve Trained Pool Postal Assistant. That Jabalpur Bench of this Tribunal has given direction, in OA No.82/86 to count RTP services rendered by the employees as qualifying services as Postal Assistant, with all consequential benefits. That said order of Jabalpur Bench has attained finality as SLP No. 11313/1987 of respondents has been dismissed by Hon'ble Supreme Court on 11/5/88.That .That after dismissal of SLP the department departm had also issued instructions to revise the fixation of pay of RTP taking the 3 OA 385/2021 period of services rendered as RTP. That applicants are continuously representing respondents to include their period of service of RTP, copy of their representation is at Annexure A/19 & A/20 but no decision is being taken by the respondents and hence is the OA for giving direction to the Respondent Authority to count their RTP services as qualifying qualifying services as Postal Assistant and release ase all consequential benefit.
3. Learned counsel, Shri N.N.Singh Advocate, who appeared for applicants, giving backdrop facts of the matter & other factual details urged that direction may be given to the respondents to take decision on their pending representation within stipulated time frame. Counsel for respondents is having no objection, much-less less serious one if OA is disposed of with direction tion to the respondents to take decision on pending representations of applicants.
4. Considered the submissions and perused the record. In interest of justice, tice, OA is disposed off at the notice stage itself with direction to the respondents to decide the pending pending representation of both applicants within a period of three months from the date of receipt of a copy of this order. Needless to say, that decision taken on the representation shall be communicated to the applicant.
5. With above noted direction, the OA stands st disposed off.
[ M.C. Verma ]
Pkl/ Member (J)