Karnataka High Court
The Union Of India vs Sri.S.K.Ghate S/O Krishna on 12 September, 2019
Author: S.N. Satyanarayana
Bench: S.N. Satyanarayana
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 12TH DAY OF SEPTEMBER, 2019
PRESENT
THE HON'BLE MR.JUSTICE S.N. SATYANARAYANA
AND
THE HON'BLE MR.JUSTICE P.G.M. PATIL
WRIT PETITION NO.106510 OF 2019 (S-CAT)
C/W. WRIT PETITION NO.102325 OF 2018
IN W.P.NO.106510 OF 2019
BETWEEN :
1. THE UNION OF INDIA,
REPRESENTED BY IT'S THE SECRETARY,
DEPARTMENT OF POSTS, DAK BHAVAN,
NEW DELHI-110 001.
2. THE CHIEF POST MASTER GENERAL,
KARNATAKA CIRCLE,
BENGALURU-01.
3. THE POSTMASTER GENERAL
NORTH KARNATAKA REGION,
DHARWAD-580 001.
4. THE SUPERINTENDENT OF POST OFFICES,
CHIKODI DIVISION, CHIKODI-591201.
......PETITIONERS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE)
2
AND :
SRI.S.K.GHATE, S/O.KRISHNA,
AGED ABOUT 64 YEARS,
RETIRED P.A. CHIKODI,
R/AT BUDHA NAGAR, CHIKKODI,
DIST- BELAGAVI.
.....RESPONDENT
(NOTICE TO RESPONDENT - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA AND
PRAYED TO SET ASIDE THE ORDER PASSED BY THE
CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU
PASSED IN ORIGINAL APPLICATION NO.170/00729/2017
DATED 31ST OCTOBER, 2018 COPY AS PER ANNEXURE-A
AND DISMISS THE O.A. BY ALLOWING THE PRESENT WRIT
PETITION AND ETC.,
IN W.P.NO.102325 OF 2018
BETWEEN :
1. THE UNION OF INDIA,
REPRESENTED BY IT'S THE SECRETARY,
DEPARTMENT OF POSTS, DAK BHAVAN,
NEW DELHI-110 001.
2. THE CHIEF POST MASTER GENERAL,
KARNATAKA CIRCLE,
BENGALURU-01.
3. THE POSTMASTER GENERAL
NORTH KARNATAKA REGION,
DHARWAD-580 001.
3
4. THE SUPERINTENDENT OF POST OFFICES,
DHARWAD POSTAL DIVISION
DHARWAD-08.
......PETITIONERS
(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE)
AND :
SRI.S.V.VAGYANNAVAR,
SINCE DECEASED BY HIS LRS.
1(A) SMT.RENUKABAI W/O.SRI.S.V.VAGYANNAVAR,
AGED ABOUT 63 YEARS, OCC : HOUSE WIFE,
LINE BAZAR CROSS, TAMHANKAR CHAWL,
DHARWAD-04.
1(B) SMT.SUDHA D/O.SRI.S.V.VAGYANNAVAR,
AGED ABOUT 41 YEARS, OCC : HOUSE WIFE,
LINE BAZAR CROSS, TAMHANKAR CHAWL,
DHARWAD-04.
1(C) SMT.PRATIBHA D/O.SRI.S.V.VAGYANNAVAR,
AGED ABOUT 35 YEARS, OCC : HOUSE WIFE,
LINE BAZAR CROSS, TAMHANKAR CHAWL,
DHARWAD-04.
.....RESPONDENTS
(BY SRI.D.B.NAVALUR, ADVOCATE FOR R-1(A TO C))
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA AND
PRAYED TO SET ASIDE THE ORDER PASSED BY THE
CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU
BENCH PASSED IN ORIGINAL APPLICATION NO.
170/00904/2016 DATED 22 NOVEMBER, 2017 COPY AS
ND
PER ANNEXURE-A AND DISMISS THE O.A. BY ALLOWING
THE PRESENT WRIT PETITION AND ETC.,
4
THESE PETITIONS ARE COMING ON FOR
PRELIMINARY HEARING, THIS DAY, S.N.SATYANARAYANA,
J, MADE THE FOLLOWING :
ORDER
The petitioners in W.P.No.106510 of 2019 and W.P.No.102325 of 2018 are impugning the order of Central Administrative Tribunal ('CAT' for short) dated 31.10.2018 passed in Original Application No.170/00729/ 2017 and dated 22.11.2017 in Original Application No.170/00904/2016 respectively.
2. Admittedly, the respondents in these two writ petitions were the applicants in the aforesaid applications, where their prayer is to consider III-Modified Assured Career Progression Scheme ('MACPS-III' for short), as it was introduced on 01.09.2008, prayer was considered and allowed by the CAT in the aforesaid two applications by separate orders as stated supra. Which is challenged by the respondent-Union of India and also by the appointing authority of applicants, by filing these two writ petitions on the premise that the applications filed by them before 5 the CAT could not have been considered for the following reasons :
(a) The learned Central Government Standing Counsel appearing for petitioners in these two petitions would bring to the notice of this Court that the respondent-S.V.Vagyannavar in W.P.No.102325 of 2018 and respondent-S.K.Ghate in W.P.No.106510 of 2019 were appointed in the Postal Department in the year 1974 and 1978 respectively as Postman. The specific date of appointment of respondent-Sri.S.V.Vagyannavar is 22.11.1974 and 27.12.1978 in the case of respondent-
Sri.S.K.Ghate. According to them they have secured three advanced financial progression during the service, that applicants herein first of which is in the year 2015 and they were subsequently promoted as Postal Assistant. In the case of S.V.Vagyannavar, he was promoted as Postal Assistant on 30.06.1981 and he has also secured TBOP on 29.03.1997 which is the second progression and III 6 time BCR was granted on 01.01.2008 which is much earlier to MACP Scheme coming into force on 01.09.2008. Similarly, in the case of Sri.S.K.Ghate, though he was initially appointed on 27.12.1978 as Postman and he was promoted as Postal Assistant on 07.06.1983 and he was granted TBOP on 11.06.1999 and granted MACPS-III on 13.01.2009. With this, it is clearly seen that they have secured three financial upgradations during their service. According to common petitions, both are not entitled for III financial progression which was considered by the C.A.T. which was already given to them respectively in the year 2008-09 and are also contended that though their entry into service is on 22.11.1974 and 27.12.1978 respectively, the same is suppressed. The first date of promotion which is for the post of Postal Assistant on 30.06.1981 and 07.06.1983 respectively is projected to be shown as date of entry into service, it cannot be considered in the light of Judgment rendered by the coordinate bench of this Court in the matter of The Union of India and Others v. 7 Smt.R.K.Kulkarni, disposed of by order dated 27.11.2018 in W.P.No.102322 of 2018 (S-CAT) which is subsequently reported. In that view, following the said decision, these two writ petitions are allowed and order of CAT dated 22.11.2017 in Original Application No.170/00904/2016 in the case of Sri.S.V.Vagyannavar and order of CAT dated 31.10.2018 in Original Application No.170/00729/ 2017 in the case of Sri.S.K.Ghate are hereby set aside.
Sd/-
JUDGE Sd/-
JUDGE CKK/-