Central Administrative Tribunal - Patna
Ranjeet Kumar Singh vs Postal on 4 November, 2025
1 OA 448/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH
PATNA
O.A. 050/00448/2020
Reserved on: 22.10.2025
Pronounced on: 04.11.2025
Coram: Hon'ble Mr. Kumar Rajesh Chandra, Administrative Member
In the matter of:
Ranjeet Kumar Singh,
Son Mahesh Singh, Resident of Village- Mundipur, Post
Office- Huleshra, Police Station- Bhagwanpur Hat, District-
Siwan (Bihar), Pin- 841408 at present working as Branch
Postmaster in Chakia BO in a/c with Dungarsan Bangra SO
in Morhowrah HO.
.............Applicant
VS.
1. The Union of India through the Secretary, Ministry of
Communication, Department of Posts, Government of
India, Sansad Marg, Dak Bhawan, New Delhi-110001.
2. The Director General, Department of Posts, Government
of India, Sansad Marg, Dak Bhawan, New Delhi- 110001.
3. The Chief Postmaster General, Bihar Circle, Meghdoot
Bhawan, Patna- 800001.
4. The Postmaster General, Northern Region, Bihar Circle,
Muzaffarpur- 842002.
5. The Director of Postal Services, Northern Region, Bihar
Circle, Muzaffarpur- 842002.
6. The Director of Accounts (Postal) Bihar Circle, Patna
GPO Campus, Patna- 800001.
7. The Senior Superintendent of Post Offices, Saran
Division, Chapra, Pin- 841301.
8. The Sub Divisional Inspector (Posts) North Sub-
Division, Chapra- 841301.
9. The Postmaster Marhowrah HO, Pin- 841418.
........ Respondents
Digitally signed by SONALI LAL
SONALI
DN: C=IN, O=Personal, T=0572, OID.2.5.4.65=
1335963617493834803xeKNGD5eN7bXL, Phone=
d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c
ce81465079777, PostalCode=800009, S=Bihar,
SERIALNUMBER=
b85cadb360af4981732c949bc31df6d98e2c92428456adc533
ade9e38d5aed96, CN=SONALI LAL
LAL
Reason: I attest to the accuracy and integrity of this
document
Location:
Date: 2025.11.03 16:42:50+05'30'
Foxit PDF Reader Version: 2025.2.0
2 OA 448/2020
For The Applicant(s): Mr. Om Prakash Singh, Counsel
For The Respondent(s): Mr. Ravindra Rai, ASC
ORDER
Per : Hon'ble Kumar Rajesh Chandra, Administrative Member The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:
"8 (i) Your Lordship may graciously be pleased to quash the letter No. GDS/Mis/2020 dated 28.07.2020 issued by Post Master Marhowrah HO (Annexure-A/2).
8 (ii) Your Lordship may graciously be pleased to order the respondent to pay TRCA to the applicant @Rs. 15390/- as it was paid in the month of August, 2020 taking into account that duty of applicant is of 5 hours and he is entitled for payment of TRCA in Level-2 (New TRCA slab) Rs. 14500-35480/- as paid in Annexure-A/5.
8 (iii) Your Lordship may graciously be pleased to direct the respondents to return the decreased TRCA to the applicant from the month of September, 2020 to date of payment in form of arrear.
8 (iv) Your Lordships may further be pleased to direct the respondents not to recover any amount from the TRCA of applicant in the name of overpayment.
8 (v) Cost of the case may please be awarded to the applicant for sorrow and suffering and cost of litigation.
8 (vi) Your Lordships may pass any further order/directions as your Lordships may deem fit and proper and just to end of the justice."
2. For the sake of clarity, facts in the case as stated by the applicant in the OA, are delineated herein under:-
The applicant joined as GDS Branch Post Master, Chakia B.O. under Marhowrah H.O. on 31.07.2015 after due process. He has been receiving TRCA for 5 hours' duty since 01.08.2015, continued even after 7th CPC and implementation of O.M. dated 25.06.2018. Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0 3 OA 448/2020 The Appointing Authority of BPMs is the SSPO, Chapra, who also fixes duty hours. The Post Master, Marhowrah H.O., by letter dated 28.07.2020, informed that TRCA might be reduced for want of revision memo and threatened recovery of excess payment. The applicant represented on 17.08.2020 to SSPO, Chapra, explaining that he joined after 6th CPC and requested continuation of 5-hour TRCA.
As per Inspection Report dated 05.03.2015, Chakia B.O. has 5 working hours (11:00-12:00 & 13:00-17:00). No order reducing working hours was ever issued. Annual inspections and audits of Marhowrah H.O. never objected to Chakia B.O.'s working hours. The applicant was paid TRCA ₹15,390 (Level-2) in August 2020, but it was reduced to ₹12,740 (Level-1) from September 2020 without authority. Being aggrieved with the same, the applicant has filed this original application.
3. Learned Counsel for the applicant submits that the impugned order dated 28.07.2020 (Annexure-A/2) was issued by the Postmaster, Marhowrah H.O., directing reduction of the applicant's TRCA from Level-2 to Level-1 and recovery of alleged excess payment. This order is without authority: under the Schedule of Recruiting Authority and departmental instructions (Annexures A/7 and A/8), the Senior Superintendent of Post Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0 4 OA 448/2020 Offices, Chapra (SSPO) alone is the Appointing and Controlling Authority for BPMs and is empowered to fix working hours and TRCA. The Postmaster has no such jurisdiction; hence the order is ab initio void and liable to be quashed.
3.1 Learned Counsel for the applicant submits that the Annual Inspection Report dated 04.03.2015 (Annexure-A/4) records Chakia B.O.'s working hours as 11:00 - 12:00 hrs and 13:00 - 17:00 hrs, confirming a five-hour schedule. No subsequent order has ever altered these timings, and in all annual inspections and audits of Marhowrah H.O. conducted by the Director of Accounts (Postal), Patna, no objection was raised regarding excess working hours. The applicant, therefore, has been rightly drawing TRCA for five hours' duty.
3.2 Learned Counsel for the applicant submits that as per Para 4 of Annexure - V of the Department of Posts O.M. dated 25.06.2018 "The responsibility of fixation of TRCA in the new TRCA Matrix with effect from 01.07.2018 rests with the Divisional Superintendent of Post Offices/ RMS units for all GDS Working under their jurisdiction. IN respect of GDSs working in independent units like Gazetted HOs in-
charge of Senior Postmaster/ Chief Postmaster, the fixation will be done by the Senior/ Chief PM.
.................
3. Any excess payment made on account of arrears or wrong fixation of TRCA in the new TRCA Matrix will be responsibility of the Drawing Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0 5 OA 448/2020 and Disbursing Officer. The officials at fault shall be made accountable, in case of any Court cases on overpayment of arrears/ wrong fixation of TRCA.
4. The work relating to merging of different TRCA slabs with workload less than 4 hours, and those having workload of 4½ hours should be completed and establishment orders to the effect should be issued before 30th June, 2018. ..............."
Learned Counsel for the applicant submits that such OA required that any merger or revision of TRCA slabs for offices with workload below 4½ hours be completed before 30.06.2018. The impugned order, passed two years later on 28 July 2020, is contrary to this directive and therefore procedurally invalid.
3.3 Learned Counsel for the applicant submits that upon receipt of the impugned letter, the applicant promptly represented to the SSPO Chapra on 17.08.2020 (Annexure-A/3), explaining that he had joined after implementation of the 6th CPC and that the existing five-hour TRCA was proper. That representation remains pending to date. Meanwhile, his TRCA was unilaterally reduced from September 2020 (Annexure-A/6), causing recurring financial loss. This compelled the applicant to approach this Tribunal seeking appropriate relief.
3.4 Learned Counsel for the applicant further submits that it has already been settled by the Hon'ble Supreme Court that Gramin Dak Sevaks hold civil posts outside the regular service and are Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0 6 OA 448/2020 entitled to protection under Article 311(2) of the Constitution of India. Hence, any adverse action affecting their pay or service conditions must conform to the principles of natural justice and be taken by a competent authority after due opportunity of hearing. 3.5 Learned Counsel for the applicant has relied upon the judgment in State of Punjab & Ors vs. Rafiq Masih (White Washer), AIR 2015 SC 1267, wherein it has been held that no recovery shall be made from employees for payments made without misrepresentation or fraud and in light of which the applicant was granted interim relief on 22.01.2021 vide which this Tribunal had directed that, "till further order, TRCA shall be paid to the applicant at the rate equivalent to the rate of which it was paid in the month of August 2020." The applicant never sought excess TRCA; it was paid by the department for the prescribed 5-hour workload. 3.6 Learned Counsel for the applicant concludes by submitting that the impugned reduction of TRCA by an incompetent authority, without notice or justification, is arbitrary, illegal, and violative of departmental rules and constitutional safeguards. The applicant's five-hour duty stands established by record, inspections, and long-standing practice; consequently, his TRCA at Level-2 must be restored with arrears and all consequential benefits
4. Per contra, Learned Counsel for the respondents submits that the reliefs claimed by the applicant in this OA are contrary to the Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0 7 OA 448/2020 applicable rules governing Gramin Dak Sevaks (GDS) and against the instructions issued by the Directorate. The impugned action is purely administrative, based on correction of an earlier error in fixation of TRCA, which was detected during internal scrutiny. The same does not amount to any punishment or reduction in rank warranting judicial interference.
4.1 Learned Counsel for the respondents submits that the applicant was appointed on the post of GDS Branch Postmaster, Chakia BO on 31.07.2015. The Time Related Continuity Allowance (TRCA) for the said post was already revised vide D.O. letter dated 16.08.2012 (Annexure-R/3) for a workload up to 100 points, corresponding to 4 hours' duty (TRCA ₹3660-70-5760). However, it was subsequently noticed that the applicant had been drawing TRCA corresponding to 5 hours (₹4575-7125) since his initial appointment, which was not permissible under the applicable rules or workload assessment. Upon scrutiny by the Drawing and Disbursing Officer (DDO), Marhowrah H.O., it was found that seven GDS officials, including the applicant, had been wrongly paid enhanced TRCA since their engagement. Accordingly, a notice dated 28.07.2020 was issued to the applicant (Annexure-
A/2), giving an opportunity to produce authentic documents supporting his TRCA fixation. The applicant failed to provide any such document. As a result, the excess payment was stopped from September 2020, and the TRCA was corrected to the appropriate 4- Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0 8 OA 448/2020 hour slab. It is significant that no recovery has been made from the applicant till date.
4.2 Learned Counsel for the respondents submits that the impugned order dated 28.07.2020 was issued only to rectify a financial irregularity detected during official audit. It was neither punitive nor arbitrary. The Postmaster, Marhowrah H.O. acted strictly under the direction of higher authorities in ensuring compliance with the Directorate's instructions and in his capacity as DDO for implementing the correct TRCA scale. As per Directorate Letter dated 09.10.2009, the TRCA for all GDS engaged on or after 01.01.2006 shall be fixed at the minimum of the revised TRCA slab applicable to their workload. The applicant's TRCA fixation at a higher slab was thus contrary to this binding instruction.
4.3 Learned Counsel for the respondents submits that the applicant's reliance on the Annual Inspection Report (Annexure-
A/4) is misplaced, since inspection reports are not authoritative data for fixation of TRCA. The workload assessment, not inspection observation, is the determining factor. The workload of Chakia B.O. was already assessed as up to 100 points, i.e., 4-hour work, vide office letter dated 16.08.2012. Hence, the applicant's claim for 5-hour TRCA is baseless. The applicant's claim that he has been working for five hours daily is unsubstantiated. No Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0 9 OA 448/2020 official order ever revised the working hours of Chakia B.O. from 4 to 5 hours.
4.4 Learned Counsel for the respondents submits that the contention of the applicant that the Postmaster, Marhowrah H.O., has no power to issue the impugned order is incorrect. As the DDO responsible for salary disbursement, he is duty-bound to ensure that payments are made strictly in accordance with rules. 4.5 Learned Counsel for the respondents further submits that the representation dated 17.08.2020 submitted by the applicant was duly forwarded to the competent authority and is under consideration. However, pendency of such representation does not invalidate the rectification of a continuing irregularity. 4.6 Learned Counsel for the respondents submits that reliance on the judgment of Hon'ble Supreme Court in Rafiq Masih (supra) is misplaced, since no recovery has been effected in this case. The impugned order merely stops further overpayment. 4.7 Learned Counsel for the respondents further submits that the applicant's claim under Article 311(2) is untenable, as GDS are not holders of civil posts in the regular service. Even otherwise, the action taken is administrative correction, not disciplinary punishment.
5. In reply to the Written Statement filed by the respondents, the applicant filed his rejoinder affidavit rebutting the claim of the respondents and submitted that the respondents' own pleadings Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0 10 OA 448/2020 confirm that the impugned order was issued by an incompetent authority. It was further pointed out that reliance on the order dated 16.08.2012 (Annexure-R/3) is misplaced, as the same pertains to a period preceding the applicant's engagement and cannot be retrospectively applied in 2020. The representation dated
17.08.2020 (Annexure-A/3) is still pending consideration before the SSPO, Chapra, which demonstrates that the applicant's grievance remains unaddressed.
6. Heard rival contentions of the parties and perused material on record. I have considered the matter in its entirety and come to the following conclusion:
6.1 Upon careful consideration of the records, this Tribunal finds that the Postmaster, Marhowrah H.O. had no authority to issue the impugned order dated 28.07.2020, altering TRCA or duty hours of the applicant. The competent authority for such matters is the SSPO, Chapra, as per the provisions of Annexure-A/8. The impugned order is, therefore, without jurisdiction and ab-initio void.
6.2 It is further evident that the applicant has been performing 5 hours' duty since 2015, duly verified by inspection reports and departmental audits. There is no evidence of any reduction in workload or misrepresentation on the part of the applicant. Digitally signed by SONALI LAL
SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0 11 OA 448/2020 6.3 In view of the above findings, the impugned order dated 28.07.2020 (Annexure-A/2) issued by the Postmaster, Marhowrah H.O., is quashed and set aside. The respondents are directed to consider the representation dated 17.08.2020 (Annexure-A/3) pending before SSPO, Chapra, and pass the order as per the rules. 6.4 It is further directed that no recovery shall be made from the applicant towards the alleged excess payment of TRCA, in view of the fact that the action of the respondents to recover the excess amount paid on account of wrong fixation of TRCA of the applicant cannot be held to be legal since the issue was considered by the Hon'ble Supreme Court in the case of State of Punjab & Ors Vs Rafiq Masih (White Washer) etc. in CA No.11527 of 2014 {arising out of SLP(C) No.11684 of 2012} subsequently formalised by the DoP&T OM dated 02.03.2016 which was issued in compliance of above quoted order of Hon'ble Supreme Court. In this case, the Hon'ble Supreme Court observed that it is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. The Hon'ble Supreme Court summarized the following few situations, wherein recoveries by the employers would be impermissible in law:-
Digitally signed by SONALI LAL
SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0 12 OA 448/2020 "(i) Recovery from employees belonging to Class-III and Class-
IV service (or Group 'C' and Group 'D' service).
(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover."
It is evident that the Applicant comes within the purview of the very first condition that has been envisaged.
6.5 Accordingly, OA stands disposed of with the direction that no further recovery will be made from the applicant for the alleged wrong excess payment on account of TRCA. So far as re-fixation of working hours and TRCA is concerned, the respondents are directed to consider the representation of the Applicant dated Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0 13 OA 448/2020 17.08.2020 (Annexure-A/3) pending before SSPO, Chapra, and pass the order as per the rules. No order as to costs.
Sd/-
(Kumar Rajesh Chandra) Administrative Member sl Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970c ce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533 ade9e38d5aed96, CN=SONALI LAL LAL Reason: I attest to the accuracy and integrity of this document Location:
Date: 2025.11.03 16:42:50+05'30' Foxit PDF Reader Version: 2025.2.0