Central Administrative Tribunal - Cuttack
Muralidhar Naik And Ors vs Posts on 18 December, 2025
O.A. 355 OF 2021 1 CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 355 OF 2021 Reserved on :17.12.2025 Pronounced on :18.12.2025 Coram : Hon'ble Mr. Sudhi Ranjan Mishra, Member (J) Hon'ble Mr. Pramod Kumar Das, Member (A)
1. Sri Muralidhar Naik, aged about 57 years, son of Late Mohan Charan Naik, at present working as Supervisor, Khurda HO, Khurda 752055, District Khurda.
2. Sri Sahadeb Munda, aged about 58 years, Son of Late Lochan Munda at present working as Supervisor (SBCO), Head Post Office, Rairangpur 757043, District Mayurbhanj.
3. Sri Mangal Munda, aged about 59 years, son of late Pradhan Munda, at present working as Supervisor (SBCO), Keonjhar, HO 758001, District Keonjhar.
4. Sri Faturam Marndi, aged about 58 years, son of Late Sitanath Marndi, at present working as Supervisor (SBCO), Baripada HO 757001, District Mayurbhanj.
5. Sri Baishnab Charan Mahanta, aged about 59 years, son of late Shiba Prasad Mahanta at present working as Supervisor (SBCO) in Rourkela HO - 769001, District Sundargarh.
......Applicants VERSUS
1. Union of India represented through its Secretary, Department of Posts, Govt. of India, At Dak Bhawan, Sansad Marg, New Delhi 110001.
2. The Chief Postmaster General, Odisha Circle, At Sachivalaya Marg, PS Kharvela Nagar, PO Bhubaneswar 751001, Dist Khurda, Odisha. Signed By:C SADISH KUMAR Signing Date:19.12.2025 15:54 O.A. 355 OF 2021 2
3. The Director of Accounts (Postal), At Mahanadi Vihar, PO Nayabazar PS Chauliaganj, Dist Cuttack Odisha PIN 753004.
......Respondents
For the applicant : Mr. T Rath, counsel
For the respondents: Mr. J K Nayak, counsel O R D E R Hon'ble Mr.Sudhi Ranjan Mishra, J.M. The applicants challenging orders relating to withdrawal or financial upgradations and subsequent recovery have filed this OA praying for following reliefs:
a) To quash the order under Annexure A/19, A/22, A/23 and A/24./ And
b) To direct the respondents to restore/grant financial upgradations to the applicants under TBOP scheme after completion of 16 years of service & under BCR scheme after completion of 26 years of service from the dates from which their juniors are granted such financial up gradation. And
c) To direct the respondents to revise/refix/restore the pay of all the applicants and consequently revise the pay and to refund to all the applicants the amount of excess amounts recovered/withheld from them from their salary/retirement gratuities etc. And
d) To pass any other order(s)/direction(s) as may be deemed fit and proper in the bonafide interest of justice.
Signed By:C SADISH KUMAR Signing Date:19.12.2025 15:54 O.A. 355 OF 2021 3
2. The facts of the case as inter alia averred by the applicants in the OA is that all of them had joined the respondent department as Lower Division Clerk (LDCs) in the Saving Bank Control Organisation (SBCO) of different Head Post Offices during the period from July 1982 to February 1984. It is submitted that in pursuance to decisions of various Benches of this Tribunal, Hon'ble High Courts and Hon'ble Apex Court, the CPMG Odisha Circle Bhubaneswar vide his memo dated 21.11.2017 granted financial upgradation to 100 officials of SBCO including all the applicants under BCR scheme w.e.f. 01.07.1995 in the pre-revised scale of pay of Rs. 5000-150-8000 at par with their junior Sri Dinabandhu Saran. It is submitted that further 51 persons were granted financial upgradations under TBOP scheme w.e.f. 01.08.1991 onwards with reference to their junior Sri Dinabandhu Saran but the applicants even though senior were not granted financial upgradation under TBOP scheme. It is submitted that Department of Post vide letter dated 14.06.2018 issued a clarification that the cases of Sri Dinabandhu Saran was similar to a Rule 38 of P&T Manual and then the CPMG, Signed By:C SADISH KUMAR Signing Date:19.12.2025 15:54 O.A. 355 OF 2021 4 Odisha Circle, Bhubaneswar vide order dated 31.12.2020 withdrew the financial upgradations granted on 21.11.2017 and in the said order it was also ordered that arrears whatever paid shall not be recovered until receipt of clarification from Directorate. It is submitted that such order of withdrawal was issued after three years without giving any show cause to the applicants. Thereafter the applicants had filed representation vide Annexure A/20 series which was referred to Postal Directorate seeking clarification. It is submitted that Postal Directorate vide letter dated 01.06.2021 clarified that there are two distinct categories of seniors claiming parity with the juniors and then vide letter dated 02.06.2021 the CPMG Odisha Circle withdrew the financial upgradation ordered in respect of 34 officials and directed the disbursing authorities and pension paying authorities to refix their pay/pension and recover the excess paid amount if any at the earliest. Hence the OA.
3. The respondents have filed counter inter alia averring that after issue of Postal Directorate letter dated 08.05.2017 erstwhile LDC/UDC (SBCO) senior to Shri Saran represented Signed By:C SADISH KUMAR Signing Date:19.12.2025 15:54 O.A. 355 OF 2021 5 for financial upgradation to the next higher scale of pay under BCR scheme and accordingly 100 SBCO officials who were LDC/UDC cadres on or before the date of implementation of TBOP/BCR scheme and opted for the same were granted financial upgradation in the higher scale of pay. It is submitted that again representations were received for grant of financial upgradation to the next higher scale of pay under TBOP scheme at par with their junior Sri D Saran which was forwarded to Directorate seeking clarification. It is submitted that Postal Directorate vide its letter dated 08.05.2017 clarified that no fresh change has been made in TBOP/BCR schemes and to treat the case of Sri Dinabandhu Saran Ex PA SBCO similar to Rule 38 transferee though in fact he joined the department on redeployment from Dandkarnay Project. It is submitted that accordingly 51 SBCO officials (erstwhile UDCs only) were granted TBOP w.e.f. 01.08.1991. It is submitted that in pursuance to Postal Directorate letter dated 18.10.2018 as well as to comply the objections raised by DA (P), Cuttack financial upgradations under BCR scheme granted to 34 PA (SBCO) was withdrawn vide letter dated 31.12.2020. It is Signed By:C SADISH KUMAR Signing Date:19.12.2025 15:54 O.A. 355 OF 2021 6 submitted that all the officials given financial upgradtion vide letter dated 21.11.2017 had submitted their consent/declaration to the effect that they have no objection about recovery of overpaid amount if any, from their pay due to any wrong fixation/financial upgradation, therefore there is no relevance to issue prior notice to withdraw the financial upgradation and recovery. It is submitted that Postal Directorate vide letter dated 01.06.2021 has clarified placement under TBOP/BCR scheme in cases where seniors are considered for placement at par with their junior in SBCO and only UDCs were entitled to claim parity with reference to their juniors who were LDCs and were entitled under Rule 38 of P&T Manual Vol IV. However no LDC was entitled to claim parity w.er.t. their junior LDCs who were transferred under Rule 38. Hence they prayed for dismissal of the OA.
4. The applicant has filed rejoinder enclosing decision of various Benches of this Tribunal and Hon'ble High Courts. The respondents have filed reply to rejoinder reiterating the stand taken by them in the counter.
Signed By:C SADISH KUMAR Signing Date:19.12.2025 15:54 O.A. 355 OF 2021 7
5. Heard both sides, perused the records and citations relied by both sides.
6. In a similar matter in OA No. 288 of 2021 (Hemant Kumar Pani & ors vrs Union of India & ors) involving the same issue where the applicants therein all entered as LDCs and had prayed for the same relief, this Tribunal vide order dated 18.12.2024, after examining the relevant rules and decisions, had passed the following orders:
4. We have examined the arguments advanced by the respective parties with reference to the pleadings made in the OA, counter, rejoinder, reply to rejoinder and the documents placed in support thereof.
5. It is seen from the record that in a similar case Hon'ble High court of Odisha vide order dated 11.7.2008 passed in WP (C) No.14649 of 2005 issued directions to the respondents for extending the bene it of BCR to the applicants therein w.e.f. the date their junior was so granted. The said judgment was challenged by the respondents before Hon'ble Apex Court by iling SLP (C) No. 32667 of 2009 which was disposed of along with SLP (C) No. 18019 of 2006 arising out of a similar judgment of High Court of Calcutta and the said SLP was dismissed on 13.9.2010. Hon'ble High Court of Orissa has also reiterated the said order dated 11.7.2008 passed in WP(C) No.14649 of 2005 in WP (C) No. 16293 of 2011 iled by the department against about 29 similarly placed of icials of Orissa Circle by dismissing the writ petition on 22.9.2011.
6. CAT, Calcutta Bench vide order dated 16.8.2004 passed in OA 1148/2003 observed that all the applicants therein were earlier LDCs redesignated as Postal Assistant (SBCO) in West Bengal Circle.
They were aggrieved for non-promotion to BCR when their juniors were given such promotion. CAT, Calcutta Bench in the light of the judgment of Hon'ble Apex Court in the case of Union of India -vs- Leelamma Jacob [(2003) 12 SCC 280] directed the respondents to Signed By:C SADISH KUMAR Signing Date:19.12.2025 15:54 O.A. 355 OF 2021 8 give inancial upgradation/promotions under BCR scheme to all the applicants therein within a period of four months from the date of the order. When this order was challenged before Hon'ble Calcutta High Court in WPCT No. 553 of 2005, Hon'ble Calcutta High Court vide order dated 23.8.2005 upheld the orders of CAT, Calcutta Bench and directed the department to implement the order of the Tribunal dated 30.11.2005. The said order of Hon'ble Calcutta High Court was challenged before Hon'ble Supreme Court of India in SLP (C) No. 18019 of 2006 which was dismissed on 13.9.2010. The department implemented the order of CAT, Calcutta Bench by giving promotions to similarly placed of icials of West Bengal Circle.
7. CAT, Chennai Bench vide order dated 6.7.2000 and 14.8.2000 passed in OA 253/1999 and OA 231/1999 has held that the applicants therein are entitled to claim promotion to the next higher grade i.e. lower selection grade under TBOP scheme w.e.f. 21.10.1996 and 25.12.1996 respectively on the ground that their juniors were promoted to the next grade. When the decision was challenged by the department before Madras High Court, Hon'ble High Court of Madras vide order dated 26.7.2006 in WP No. 1690 & 1790 of 2001 has held as under :
"We do not ind any error in the orders of Tribunal dated 6.7.2000 and 14.8.2000 passed in OA No. 253 and 231 of 1999 respectively. Therefore the writ petitions fail and they are dismissed."
This order was challenged before the Hon'ble Apex Court in SLPs No. 909-910/2008 which were inally dismissed vide order dated 9.7.2019 directing the department to release the monetary bene its if any remaining unpaid within three months from the date of receipt of the copy of the order. The judgment of Hon'ble High Court of Madras was implemented by Tamilnadu Circle vide order dated 27.2.2009.
8. Hon'ble High Court of Judicature, Hyderabad passed orders on 9.4.2015 for giving inancial upgradations to the seniors from the dates from which their juniors were given such inancial upgradations under BCR scheme. The department challenged this order before Hon'ble Apex Court in SLP (Civil) No. 35654 of 2015. Hon'ble Apex Court vide order dated 13.2.2017 by taking into consideration the commitment of the department that bene it of the judgment shall be extended to all such similar employees directed the department to extend the bene it arising out of the judgment to all similarly situated employees within a period of twelve weeks. Signed By:C SADISH KUMAR Signing Date:19.12.2025 15:54 O.A. 355 OF 2021 9
9. CPMG West Bengal Circle vide memo dated 14.12.2015 passed orders for inancial upgradation of 16 similarly placed of icials under TBOP/BCR scheme w.e.f. 1.8.1991 and 1.7.1999 respectively i.e. from the date their immediate junior was granted such bene its in accordance with the order dated 29.8.2013 passed by CAT, Calcutta Bench in OA 1108 of 2008.
10. Hence the main controversy is with regard to entitlement of the erstwhile LDCs to get the bene it of TBOP/BCR at par with their juniors who had come on transfer under Rule 38 of P&T Manual, Vol. IV. It is not disputed that the applicants are similarly situated with that of the applicants before the Hyderabad Bench as well as in OA 1148/2003 before Calcutta Bench and therefore rightly they were extended the bene it of TBOP and BCR at par with their junior Dinabandhu Saran. Hence withdrawing such bene it is bad in law since the issue has already attended inality vide order dated 13.2.2017 (Annexure A/14). Moreover when the respondents have committed before the Hon'ble Apex Court that the bene it of the judgment shall be extended to all such similar employees who are similarly situated, they cannot deny the same and withdraw the bene its already granted to the present applicants.
11. In view of the above discussion, the OA is allowed. The orders under Annexure A/19, A/22, A/23 and A/24 are quashed. The respondents are directed to grant inancial upgradations to the applicants under TBOP scheme after completion of 16 years of service and under BCR scheme after completion of 26 years of service from the dates from which their juniors are granted such inancial upgradations. The respondents are also directed to revise/re ix the pay and consequently revise the pension and other retirement bene its of the applicants and refund them the excess amount recovered/withheld from their gratuities, etc. The entire exercise be completed within three months from the date of receipt of the order.
12. There shall be no order as to costs.
7. Since the applicants in this OA are identically placed with the applicants in OA No. 288/2021, we do not find any merit to differ from the stand already taken. Accordingly the orders under Annexure A/19, A/22, A/23 and A/24 are quashed. The Signed By:C SADISH KUMAR Signing Date:19.12.2025 15:54 O.A. 355 OF 2021 10 respondents are directed to grant financial upgradations to the applicants under TBOP scheme after completion of 16 years of service and under BCR scheme after completion of 26 years of service from the dates from which their juniors are granted such financial upgradations. The respondents are also directed to revise/refix the pay and consequently revise the pension and other retirement benefits of the applicants and refund them the excess amount recovered/withheld from their gratuities, etc. The entire exercise be completed within three months from the date of receipt of the order.
8. The OA is allowed with above directions. No costs.
(PRAMOD KUMAR DAS) (SUDHI RANJAN MISHRA)
MEMBER (A) MEMBER (J)
(csk)
Signed By:C SADISH
KUMAR
Signing Date:19.12.2025
15:54