Balasubramanian. E vs Union Of India on 4 February, 2025

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Kerala High Court

Balasubramanian. E vs Union Of India on 4 February, 2025

This order shall dispose of all the matters arising out of the common judgment of the Central Administrative Tribunal, whereby the applicants had, in the Original Applications, claimed the following reliefs:

O.A.196 of 2018 in OP(CAT) No.12 of 2025 & O.A.195 of 2018 in OP(CAT) No.15 of 2025 a. Declare that the applicants herein are similarly placed to the applicants in Annexures Al final order upheld by the Honourable High Court in Annexure A2 judgment and by the Honourable Supreme Court in Annexure A3 order, and are thereby entitled to be extended the benefits in the said judgments and to direct the respondents to implement and extend the benefits of the judgments in Annexures Al final order of this Honourable Tribunal to the applicants herein also and to disburse them the consequential arrears of pay.

b. Declare that the applicants are entitled to be accommodated against the regular vacancy which arose in the next recruiting year subsequent to their selection as Short Duty Postal Assistant in 1982 to 1983, as directed by the Jabalpur Bench of this Honourable Tribunal in T.A.No. 92 of 1986 final order and to direct the respondents to grant them regular absorption with effect from the date of the regular vacancy which arose in the next recruiting year subsequent to their selection as Short Duty Postal 2025:KER:11069 OP (CAT) Nos.12/2025 and connected cases 29 Assistant in 1982 to 1985 and to refix their seniority and other consequential service benefits accordingly.

c. Direct the respondents to count the service of the applicants rendered as Reserve Trained Pool for the purpose of granting the financial upgradation under the Time Bound One Promotion Scheme and the Modified Assured Career Progression Scheme.

d. To grant such other reliefs as may be prayed for and the court may deem fit to grant, and e. Grant the cost of this Original Application.

O.A.No.124 of 2018 in OP(CAT) No.16/2025 a. Declare that the applicants herein are similarly placed to the applicants in Annexures A6 final order upheld by the Honourable High Court in Annexure A7 judgment and by the Honourable Supreme Court in Annexure A8 order, and are thereby entitled to be extended the benefits in the said judgments and to direct the respondents to implement, and extend the benefits of the judgments in Annexures A6 final order of this Honourable Tribunal to the applicants herein also and to disburse them the consequential arrears of pay.

b. Declare that the applicants are entitled to be accommodated against the regular vacancy which arose in the next recruiting year subsequent to their selection as Short Duty Postal Assistant in 1982 to 1983, as directed by the Jabalpur Bench of this Honourable Tribunal in Annexure A2 final order and to direct the respondents to grant them regular absorption with effect from the date of the regular vacancy which arose in the next recruiting year subsequent to their selection as Short Duty Postal Assistant in 2025:KER:11069 OP (CAT) Nos.12/2025 and connected cases 30 1982 to 1985 and to refix their seniority and other consequential service benefits accordingly.

c. Direct the respondents to count the service of the applicants rendered as Reserve Trained Pool for the purpose of granting the financial upgradation under the Time Bound One Promotion Scheme and the Modified Assured Career Progression Scheme.

d. To grant such other reliefs as may ay be prayed for and the court may deem fit to grant, and e. Grant the cost of this Original Application.

O.A.186 of 2018 in OP(CAT) No.13 of 2025 & O.A.155 of 2018 in OP(CAT) No.14 of 2025

1) Declare that the applicants are entitled to be extended with the benefit of Annexure A4 judgment and direct the respondents to take appropriate action to implement the directions in Annexure A4 judgment.

ii) Direct the respondents to count the service of the applicants rendered as Reserve Trained Pool for the purpose of granting the financial upgradation under the Time Bound One Promotion Scheme and the Modified Assured Career Progression Scheme.

iii) Any other further relief or order as this Hon'ble Tribunal may deem fit and proper to meet the ends of justice;

iv) Award the cost of these proceedings to the applicants.

2. The aforementioned reliefs were essentially based 2025:KER:11069 OP (CAT) Nos.12/2025 and connected cases 31 on the premise that, all the applicants were kept in the Reserve Trained Pool (hereinafter referred to as 'RTP'). The RTP system was introduced on 30.10.1980 and as per the system, while filling up the posts of Postal Assistants and Sorting Assistants in each Recruitment Unit, apart from drawing a list of selected candidates equivalent to the number of vacancies ready to be filled up, an additional list of upto 50% of the candidates was required to be prepared. The persons in the said list were also given training and were categorized as Trained Reserve Candidates. They remained in the reserve to meet future regular and current emergent need of the manpower. After having continued in the RTP, were absorbed in the regular service from different periods.

Learned Tribunal, on the basis of the findings recorded in previous orders, had allowed the Original Applications in the following manner:

"2. In the common order dated 10.01.2018 in OAs Nos. 180- 46-2015,180-359, 377, 385 & 1057-2017 this Tribunal has passed an order as under:

2025:KER:11069 OP (CAT) Nos.12/2025 and connected cases 32 "13. ... 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. Since the issue involved in this case and the grievances of the applicants herein also are similarly situated to those of the applicants in the OAs adjudicated under the aforesaid common order, we pass a similar order as in the afore- extracted order in this case also.

4. Accordingly, the Original Application is disposed of as above. No order as to costs."

2025:KER:11069 OP (CAT) Nos.12/2025 and connected cases 33

3. On perusal of the above, it is evident that the orders of the Tribunal in O.A.No. 46 of 2015 and O.A.Nos. 359, 377 and 385 of 2017 had already attained finality upto the Supreme Court. As far as the regularization of their posts in Postal Assistant is concerned, that has been kept in the domain of the department. In our considered view, as and when a decision is taken, applicants would have a fresh cause of action to assail, but not in the manner and mode.

With the aforementioned observation/clarification, original petitions stand dismissed.

Sd/-

AMIT RAWAL JUDGE Sd/-

K. V. JAYAKUMAR JUDGE msp 2025:KER:11069 OP (CAT) Nos.12/2025 and connected cases 34 APPENDIX OF OP (CAT) 16/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE OFFICE MEMORANDUM NO.F7(1)- E (COORD)/84 DATED 20/06/1984 ISSUED BY THE MINISTRY OF FINANCE.

Annexure A2 TRUE COPY OF THE FINAL ORDER OF JABALPUR BENCH OF THIS HON'BLE TRIBUNAL IN T.A NO.92 OF 1986 ALONG WITH TYPED COPY.

Annexure A3 TRUE COPY OF THE ORDER DATED 28/03/1990 OF THE HON'BLE SUPREME COURT IN REVIEW PETITION (CIVIL) NO.86 OF 1989 ALONG WITH TYPED COPY.

Annexure A4 TRUE COPY OF THE FINAL ORDER DATED 08/02/1996 IN O.A NO.1410 OF 1995 OF THIS HON'BLE TRIBUNAL.

Annexure A5 TRUE COPY OF THE LETTER BEARING NO.44- 1/2011-SPB II DATED 12/04/2012 ISSUED BY THE DIRECTOR (STAFF), DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATIONS & IT, NEW DELHI ALONG WITH TYPED COPY.

Annexure A6 TRUE COPY OF THE FINAL ORDER DATED 01/10/2013 IN O.A 79 OF 2011 AND CONNECTED CASES OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL.

Annexure A7 TRUE COPY OF THE JUDGMENT DATED 17/03/2017 IN O.P(CAT) NO.89 OF 2014 AND CONNECTED CASES OF THE HON'BLE HIGH COURT.

Annexure A8 TRUE COPY OF THE ORDER DATED 10/11/2017 IN SLP(CIVIL) DIARY NO.25442/2017 OF THE HON'BLE SUPREME COURT.

Annexure A9 TRUE COPY OF THE LETTER DATED 13/12/2017 ADDRESSED BY THE 2ND RESPONDENT TO THE 2025:KER:11069 OP (CAT) Nos.12/2025 and connected cases 35 3RD RESPONDENT.

Annexure A10 TRUE COPY IF THE ORDER NO.CO/LC/22 OP(CAT)/2017 DATED 21/12/2017 ISSUED BY THE 4TH RESPONDENT.

Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.180/00124/2018 ALONG WITH ANNEXURES A1 TO A10.

Exhibit P2 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE TRIBUNAL IN O.A NO.

180/00124/2018 AND CONNECTED CASES DATED 31/01/2018 2025:KER:11069 OP (CAT) Nos.12/2025 and connected cases 36 APPENDIX OF OP (CAT) 13/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE DG, P&T LETTER NO.60/36/80-SPB I DATED 30/10/1980.

Annexure A2 TRUE COPY OF THE DG, P&T NEW DELHI LETTER NO.60-31/81-SPB-I DATED 18/06/1982.

Annexure A3 TRUE COPY OF THE DG, P&T LETTER NO.60- 31/81-SPB I DATED 08/03/1983.

Annexure A4 TRUE COPY OF THE JUDGMENT DATED 01/10/2013 IN O.A NO.79/2011 AND CONNECTED CASES OF THE HON'BLE COURT.

Annexure A5 TRUE COPY OF THE JUDGMENT DATED 17/03/2017 IN O.P.(CAT) NO.114/2014 AND CONNECTED CASES OF THE HON'BLE COURT.

Annexure A6 TRUE COPY OF THE ORDER IN SPECIAL LEAVE PETITION (CIVIL) DIARY NO.25442 OF 2017 DATED 10/11/2017 OF THE HON'BLE SUPREME COURT OF INDIA.

Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.180/00186/2018 ALONG WITH ANNEXURES A1 TO A6.

Exhibit P2 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE TRIBUNAL IN O.A NO.

180/00186/2018 DATED 19/02/2018.

2025:KER:11069 OP (CAT) Nos.12/2025 and connected cases 37 APPENDIX OF OP (CAT) 14/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OIF THE DG, P&T LETTER NO.60/36/80-SPB I DATED 30/10/1980 Annexure A2 TRUE COPY OF THE DG, P&T, NEW DELHI LETTER NO.60-31/81-SPB I DATED 18/06/1982 Annexure A3 TRUE COPY OF THE DG, P&T LETTER NO.60- 31/81-SPB I DATED 08/03/1983 Annexure A4 TRUE COPY OF THE JUDGMENT DATED 01/10/2013 IN O.A NO.79/2011 AND CONNECTED CASES OF THE HON'BLE COURT.

Annexure A5 TRUE COPY OF THE JUDGMENT DATED 17/03/2017 IN O.P.(CAT) NO.114/2014 AND CONNECTED CASES OF THE HON'BLE HIGH COURT OF KERALA.

Annexure A6 TRUE COPY OF THE ORDER IN SPECIAL LEAVE PETITION (CIVIL) DIARY NO.25442/2017 DATED 10/11/2017 OF THE HON'BLE SUPREME COURT OF INDIA Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.180/00155/2018 ALONG WITH ANNEXURES A1 TO A6 Exhibit P2 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE TRIBUNAL IN O.A NO.

180/00155/2018 DATED 03/04/2018.

2025:KER:11069 OP (CAT) Nos.12/2025 and connected cases 38 APPENDIX OF OP (CAT) 15/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FINAL ORDER DATED 01/10/2013 IN O.A NO.79/2011 AND CONNECTED CASES OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL Annexure A2 TRUE COPY OF THE JUDGMENT DATED 17/03/2017 IN O.P.(CAT) NO.89/2014 AND CONNECTED CASES OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL Annexure A3 TRUE COPY OF THE ORDER DATED 10/11/2017 IN SLP(CIVIL) DIARY NO.25442/2017 OF THE HON'BLE SUPREME COURT Annexure A4 TRUE COPY OF THE LETTER DATED 13/12/2017 ADDRESSED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Annexure A5 TRUE COPY OF THE ORDER NO.CO/LC/22/OP(CAT)/2017 DATED 27/12/2017 ISSUED BY THE 4TH RESPONDENT Annexure A6 TRUE COPY OF THE ORDER DATED 17/01/2018 IN O.A NO.180/0038/2018 OF THIS HON'BLE TRIBUNAL Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.180/00195/2018 ALONG WITH ANNEXURES A1 TO A6 Exhibit P2 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE TRIBUNAL IN O.A NO.

180/00195/2018 DATED 09/04/2018.

2025:KER:11069 OP (CAT) Nos.12/2025 and connected cases 39 APPENDIX OF OP (CAT) 12/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FINAL ORDER DATED 01/10/2013 IN O.A NO.79/2011 AND CONNECTED CASES OF THIS HON'BLE TRIBUNAL Annexure A2 TRUE COPY OF THE JUDGMENT DATED 17/03/2017 IN O.P(CAT NO.89/2014 AND CONNECTED CASES OF THE HON'BLE HIGH COURT Annexure A3 TRUE COPY OF THE ORDER DATED 10/11/2017 IN SLP(CIVIL) DIARY NO.25442/2017 OF THE HON'BLE SUPREME COURT Annexure A4 TRUE COPY OF THE LETTER DATED 13/12/2017 ADDRESSED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT Annexure A5 TRUE COPY OF THE ORDER NO.CO/LC/22 OP(CAT)/2017 DATED 27/12/2017 ISSUED BY THE 4TH RESPONDENT Annexure A6 TRUE COPY OF THE FINAL ORDER DATED 17/01/2018 IN O.A NO.180/0038/2018 OF THIS HON'BLE TRIBUNAL Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.180/00196/2018 ALONG WITH ANNEXURES A1 TO A6.

Exhibit P2 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE TRIBUNAL IN O.A NO.

180/00196/2018 DATED 09/04/2018.

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