Kerala High Court
Union Of India vs Umavathy P on 13 August, 2012
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE MRS. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 4TH DAY OF JANUARY 2013/14TH POUSHA 1934
OP (CAT).No. 3820 of 2012 (Z)
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AGAINST THE ORDER IN O.A. No.79/2012 of CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH DATED 13/08/2012
....................
PETITIONERS:
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1. UNION OF INDIA
REPRESENTED BY SECRETARY
DEPARTMENT OF POSTS
NEW DELHI-110 011.
2. THE CHIEF POST MASTER GENERAL
KERALA CIRCLE
TRIVANDRUM 695 033.
3. THE SUPERINTENDENT OF POST OFFICES
KANNUR DIVISION
KANNUR 670 001.
4. THE ASSISTANT SUPERINTENDENT OF POST OFFICES
TALIPARAMBA SUB DIVISION
TALIPARAMBA 670 141.
5. THE POST MASTER
KANNUR 670 001.
BY ADV. SRI.S.KRISHNAMOORTHY, CGC(SENIOR)
RESPONDENT/APPLICANT:
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UMAVATHY P., D/O.E.K.NARAYANAN,
GRAMIN DAK SEVAK BRANCH POST MASTER
PAPPINISSERI WEST, RESIDING AT PATTERI HOUSE,
NEAR PHC,PAPPINISSERY P.O., KANNUR 670 561.
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 04-01-2013, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).No. 3820 of 2012 (Z)
APPENDIX
PETITIONERS' EXHIBITS :
EXHIBIT-P1: TRUE COPY OF THE OA NO.79/2012 FILED BY THE RESPONDENT.
ANNEXURE-A1: A COPY OF THE POSTING ORDER ISSUED BY THE SUB DIVISIONAL
INSPECTOR UNDER NO.EDSV/SO/18 DATED 11.10.1983 POSTING
THE APPLICANT AS GDSV PAPPINISSERI WITH EFFECT
FROM 14.10.1983.
ANNEXURE-A2: A COPY OF THE ASSISTANT SUPERINTENDENT OF POST OFFICES,
TALIPARAMBA SUB DIVISION (RESPONDENT NO.4) MEMO
NO.MP/SO/KALLIASSERI DATED 02.12.2005 REDEPLOYING THE
APPLICANT TO KALLIASSERI P.O. AS GDSMP.
ANNEXURE-A3: A COPY OF THE SUPERINTEDENT OF POST OFFICES KANNUR
DIVISION, KANNUR (RESPONDENT NO.3) MEMO NO.A1/76/II
DATED 16.04.2008 PROTECTING THE TRCA OF GDSV PAPPINISSERI.
ANNEXURE-A4: TRUE COPY OF THE APPLICATION DATED 24.07.2010 FOR TRANSFER
TO THE POST OF BPM PAPPINISSERI WEST SUBMITTED BY THE
APPLICANT TO THE RESPONDENT NO.2.
ANNEXURE-A5: A COPY OF THE SUPERINTEDENT OF POST OFFICES, KANNUR
DIVISION, KANNUR (RESPONDENT NO.3) MEMO NO.B2/8-4/2011
DATED 21.10.2011 APPROVING THE TRANSFER OF THE APPLICANT
AS GDSBPM PAPPINISSERI WEST.
ANNEXURE-A6: A COPY OF THE ASSISTANT SUPERINTEDENT OF POST OFFICES,
TALIPARAMBA SUB DIVISION MEMO NO. BO/65/PAPPINISSERI WEST
DATED 27.10.2011 DIRECTING THE APPLICANT FOR
GDSBPM TRAINING.
ANNEXURE-A7: COPY OF THE PAY SLIP FOR THE MONTH OF SEPTEMBER 2011
ISSUED TO THE APPLICANT WHILE WORKING AS GDSMP
KALLIASSERI P.O.
ANNEXURE-A8: COPY OF THE PAY SLIP FOR THE MONTH OF NOVEMEBR 2011
ISSUED TO THE APPLICANT ON HER TRANSFER TO THE POST
OF GDSBPM, PAPPINISSERI WEST.
ANNEXURE-A9: COPY OF THE PAY SLIP FOR THE MONTH OF DECEMBER 2011
ISSUED TO THE APPLICANT WHILE WORKING AS GDSMP,
KALLIASSERI PO.
ANNEXURE-A10: COPY OF THE ORDER IN OA 388/2010 DATED 21.07.2010 OF THE
HON'BLE CAT ERNAKULAM.
EXHIBIT-P2: TRUE COPY OF REPLY STATEMENT IN O.A.NO.79/2012.
ANNEXURE-R1: TRUE COPY OF THE UNDERTAKING SUBMITTED BY THE APPLICANT.
OP (CAT).No. 3820 of 2012 (Z)
ANNEXURE-R2: TRUE COPY OF THE MEMO NO.ST/120/8/NR/2010(PT)
DATED 25.2.2011 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE-R3: TRUE COPY OF THE DG POST LETTER NO.19-10/2004-GDS
DATED 17.7.2006.
ANNEXURE-R4: TRUE COPY OF THE LETTER NO.ST/120/1/RLGS/IX
DATED 28.4.2010 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE-R5: TRUE COPY OF THE ORDER IN O.A.NO.258/2011 OF THE
HON'BLE TRIBUNAL.
EXHIBIT-P3: TRUE COPY OF THE REJOINDER FILED IN OA 79/2012.
ANNEXURE-A11: COPY OF THE ORDER OF THE HON'BLE CAT ERNAKULAM BENCH
IN OA NO.627/2011 DATED 20.09.2011.
EXHIBIT-P4: TRUE COPY OF THE ADDITIONAL REPLY STATEMENT IN O.A.79/2012.
EXHIBIT-P5: TRUE COPY OF THE 2ND ADDITIONAL REPLY STATEMENT
IN O.A.79/2012.
EXHIBIT-P6: TRUE COPY OF THE ORDER IN O.A.NO.79/12 DATED 13.8.2012 OF
THE HON'BLE TRIBUNAL.
/TRUE COPY/
PA TO JUDGE
Manjula Chellur, C.J. & K. Vinod Chandran, J.
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O.P.(CAT) No. 3820 OF 2012
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Dated this the 4th day of January, 2013
JUDGMENT
Manjula Chellur, C.J.
The entire controversy pertains to the claim of the respondent applicant before the Tribunal to protect her Time Related Continuity Allowance ( for short "TRCA") on account of her transfer from the post of GDSMP at Kalliassery to the post of GDSBPM, Pappinisseri West Branch Post Office.
2. The Tribunal after taking into consideration the arguments advanced by both sides with reference to its Full Bench judgment which came to be confirmed by a Division Bench of this Court proceeded to discuss the facts of the present case, with reference to the principle evolved in the Full Bench judgment, at paragraphs 7 and 8, which read as under:
"7. Arguments were heard and documents perused. The contention of the counsel for the respondents cannot be accepted for the reason that for the post of GDSMP, the recruitment unit is the Sub Division, while for the post of GDSBPM, it i the Division. Thus, when the transfer is from any post of GDS (other than GDS BPM) to the post of GDSBPM, for ascertaining whether these two fall within the OP(CAT) No. 3820 of 2012 -:2:- same Recruiting Unit or i different Recruiting Units, it is to be seen as to whether the sub division from where the individual is transferred as GDSBPM falls within the same Division. In the instant case, the Sub-Division of Taliparamba is within Kannur Division. Kalliassery where the applicant is posted also falls within the same Division. Hence, it cannot be stated that the Recruiting Units are different. Otherwise, it would result in an anomalous situation. For example, within the same post office, the appointing authority for GDSBPM would be the Senior Superintendent of Post Office, who controls a Division and the appointing authority for the other GDS posts. It is the Assistant Superintendent of Post Office of the Sub Division. If a transfer is sought from one post to GDSBPM within the same post office, then according to the respondents, the two posts fall in two different Recruiting Units. That is not so.
8. Thus, if a transfer involves posting from one post for which the recruiting unit is the Sub Division to another for which the Recruiting unit is the Division (and vice versa), i.e., in so far s transfer from/to the post of GDSBPM is concerned, if the two places concerned, (place from where and place to which posted) fall within the same Division, the Recruiting Unit should be treated as the same and the decision of the Full Bench relating to protection of TRCA on transfer within the same Recruitment Unit would be available to the individual concerned."
Paragraph 9 refers to how the last drawn TRCA by the applicant should be protected by placing the applicant/respondent at the stage of `4710/- in the TRCA scale of `3660 - 70 - 5760 (plus 30 OP(CAT) No. 3820 of 2012 -:3:- as per personal TRCA) to be adjusted in further increment as on the date of her posting i.e. 04.11.2011. Tribunal disposed of the matter giving three months time to the present petitioners to comply with the order. Aggrieved by the same, the present petition is filed.
3. Learned Standing Counsel for the petitioners strenuously argues that the facts of the present case are entirely different from the facts of the Full Bench case and also the decision of a Division Bench of this Court in O.P.(CAT) 1862 of 2012 disposed on 04.10.2012. On perusal of the Full Bench decision and also the earlier decision of a Division Bench of this Court, we note that the facts are not at all different from the various facts referred to in the Full Bench decision of the Tribunal. On the other hand, Tribunal clearly indicates how the Full Bench principle has to be applied to the present case.
We do not find any good ground to interfere with the said opinion of the Tribunal and so also with regard to the fixation of TRCA as indicated at paragraph 9 of the order of the Tribunal.
OP(CAT) No. 3820 of 2012 -:4:-
Having regard to the above discussion, we decline to interfere with the order of the Tribunal. Accordingly, this Original Petition is dismissed.
Manjula Chellur, Chief Justice.
K. Vinod Chandran, Judge.
ttb/04/01