Central Administrative Tribunal - Madras
E Sivasuryanarayana vs M/O Communication & It on 25 September, 2024
1 OA 1175/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/01175/2016
Dated the 25th day of September, Two Thousand Twenty Four
CORAM:
HON'BLE MR. M. SWAMINATHAN, Member (J)
&
HON'BLE MR. SANGAM NARAIN SRIVASTAVA, Member (A)
E.Sivasuryanarayana,
S/o.S.Eswaran,
65/A, Sivan Koil Theru,
Srivaikuntam 628 601
Tuticorin District ...Applicant
By Advocate M/s S.RamaswamyRajarajan
Vs.
1.Union of India,
Rep., by The Postmaster General,
Southern Region (TN),
Madurai.
2.The Senior Superintendent of Post Offices,
Tuticorin Division,
Tuticorin 628 008. ...Respondents
By Advocate Ms.Shakila Anand
2 OA 1175/2016
ORDER
(Pronounced by Hon'ble Mr.Sangam Narain Srivastava, Member(A)) The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
"(i)To quash the Impugned Order No.A/180, dated 24.03.2016, passed by the Second Respondent and to direct the respondents to restore his TRCA existed during the period from 01.07.2015 to 15.03.2016, i.e., Rs.4220-75-6470 and
(ii)To pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case with cost."
2. The brief facts of the case, as submitted by the applicant, are as follows:
2.1 The applicant was appointed as Extra Departmental Mail Carrier w.e.f 18.05.1995. He was originally working as GDS MD (Mail Delivery) and in addition to that he was performing the duty of the Mail Carrier also at the Vellore Branch Post Office and was getting TRCA of Rs.4220-75-6470. But after redesignation of the post of GDS MD as GDS Mail Carrier/Delivery Post, the respondents have reduced the TRCA of the applicant all of a sudden as Rs. 3635-65-5585, even though there is no reduction in the work load of the GDS MC/DP post. 2.2 The respondents have mentioned in their orders that according to DG Order, dated 09.10.2009 and 13.06.1980, the TRCA of the applicant was revised but, the DG's Order, dated 13.06.1980, states that "no internal check parties carried out sample checks of the revision of allowances of the ED agents" and as the DG's order, dated 09.10.2009, states that " the administrative authorities like the 2nd 3 OA 1175/2016 respondent can fix the allowance for the Branch Postmaster based on the cash remittance made by him".
2.3 The contention of the applicant is that the above order was issued only for the purpose of remitting cash. But, taking shelter of the above order, dated 09.10.2009, the respondent cannot fix or revise the TRCA of the GDS MD, GDS MC and DP. Therefore, the action taken to revise/reduce the TRCA for the post of GDS MC/DP is illegal, wrong and against the rules and regulations. The applicant was getting more pay and allowances, while he was working as GDS Mail Delivery. But, after redesignation of the post as GDS Mail Carrier/Delivery Post, the respondent had reduced the TRCA and the applicant was forced to draw lower TRCA from 16.06.2016 to 30.06.2018 without carrying out proper survey of the work load and distance to be travelled by the applicant to deliver the post and to carry the mails. Being aggrieved, the applicant has filed the present OA for the aforesaid relief.
3. After notice, the respondents have entered appearance through their counsel and filed their reply statement refuting all the averments made in the OA except those which are admitted on facts.
3.1 The respondents submit that the applicant was appointed as Extra Departmental Mail Carrier w.e.f 18.05.1995 at Arampannai Gramin Dak Sevak Sub Officer under Srivaikuntam Head Post Office in Tuticorin Division. He was transferred as GDS Mail Deliverer, Velur Branch Post Office account with Puthukudi Sub-Post Office under Srivaikuntam HO, in Tuticorin Division, vide Inspector Posts, Srivaikuntam Sub Division memo, dated 02.01.2002. 4 OA 1175/2016 3.2 The services of Extra Departmental Agents were governed by separate set of rules called P & T Extra Departmental Agent (Conduct and Service) Rules 1964 and replaced by Department of Posts Gramin Dak Sevaks (Conduct and Employment) Rules 2001 and subsequently replaced by Gramin Dak Sevaks (Conduct and Engagement) Rules 2011. There is no regular pay scale prescribed for the GDS officials as in the case of regular departmental staff. The Justice Talwar Committee appointed by the Government for revision of allowance of Gramin Dak Sevak recommended for Time Related Continuity Allowance (TRCA) for GDS w.e.f. 01.03.1998 replacing the basic monthly allowance system, which means the allowance will be fixed for any GDS post based on work load of that particular post. Accordingly the TRCA of the applicant was fixed as Rs. 1375-25-2125 corresponding to the basic monthly allowance of Rs. 370/- with effect from 01.03.1998 by the 2nd respondent in memo no. A/EST//EDA dated 03.03.99. Immediately before his joining as GDS Mail Deliverer, Velur Branch Post office, he had been drawing the TRCA @ Rs.1375/- in the slab Rs.1220-20-1600, as GDS MC, Arampannai BO. He had joined as GDS MD, Velur BO on 03.01.2002 and fixed with the TRCA @ Rs.1280/- in the slab Rs.1375- 25-2125, based on the workload.
3.3 As per the Postal Directorate New Delhi Memo No. 6-1/2009- PE .II dated 09.10.2009 (ie) while implementing the Revision of wage structure to Gramin Dak Sevaks recommended by Shri. R.S. Natarajamurthy Committee, the revised pay structure to GDS Mail Carrier/Packer/mail man fixed corresponding to the work load vide Directorate Letter No.6-1/2009-PE-II is furnished below.
5 OA 1175/2016
Sl.No Category Existing TRCA Revised TRCA Work load in
of GDS hours
1 GDS Mail New TRCA Slab Rs.2665-50-4165 For work up
Deliverer/ to 3 hrs for
Stamp new entrants
Vendor Rs.1375-25-2125 Rs.3330-60-5130 For work up
to 3 hours
45 minutes
Rs.1740-30-2640 Rs.4220-75-6470 More than 3
hours 45
minutes upto
5 hours
1 New TRCA Slab Rs.2295-45-3695 For work up
GDS Mail to 3 hrs for
Carrier/ entrants new
Packer/ Rs. 1220-20-1600 Rs.2870-50-4370 For work up
Mail man to 3 hours
45 minutes
Rs. 1545-25-2020 Rs.3635-65-5585 More than 3
hours 45
minutes upto
5 hours
3.4 The respondents have also given a detailed tabular column showing the revised norms for Postmen establishment issued, vide Directorate, New Delhi Lr.No.9-1/2005-W.S.I/PE.I dated 05.02.2010. 3.5 As per the review of Velur BO held for the period from 01.07.2015 to 30.06.2018, the work load of Mail conveyance is 2 hours 35 minutes and the work load of Mail delivery is 2 hours 10 minutes. As the Mail Conveyance work predominates the Mail Delivery work, redesignation of the post as GDSMC/DP was sought for from the 1st respondent by the 2nd respondent vide memo no.A/180 dated 18.12.2015. Meantime, TRCA memo was issued by the 2nd respondent vide letter No.A/180 dated 11.12.15 in which the present 6 OA 1175/2016 TRCA was noted as 4220-75-6470/- and for the proposed TRCA, it was noted that TRCA for the post of GDS MD would be fixed after getting approval from the 1st respondent for redesignation as GDSMC/DP. 3.6 On receipt of the orders of redesignation of the post of GDSMD, Velur BO as GDSMC/DP from the 1st respondent on 16.03.2016, the applicant's post of GDS MD had been re-designated as GDS MC/DP, Velur BO by memo dated 24.03.2016 of the 2nd respondent. Accordingly, the TRCA memo was issued by the 2nd respondent by fixing the TRCA @ Rs.4895/- in the slab Rs.4220-75-6470/- which relates to the post of GDS MD, upto 15.03.2016.(The date of receipt of orders of re-designation memo from the 1st respondent and in the slab of Rs.3635-65-5585/- which relates to the post of GDS MC/DP for the combined workload of 4 hours 45 minutes w.e.f 16.03.2016 to 30.06.2018. In the slab of Rs.3635-65-5585/-, his pay has to be fixed @ Rs.4870/- according to the workload. However, protected pay of Rs.25/- was also paid up to 30.06.2016. As the date of increment was 01.07.2016, his TRCA w.e.f 01.07.2016 is @ Rs.4935/- in the slab of Rs.3635-65-5585/-.
3.7 The respondents further submitted that if the delivery work alone was taken into consideration, the TRCA of the applicant would be fixed in the TRCA slab of Rs.2665-50-4165. As he was entrusted with MC work, he was fixed in the TRCA slab of Rs.4220-75-6470, for the combined workload of 4 hours 15 minutes. Hence, they contended that the fixation of TRCA in the case of the applicant is as per the rules and instructions on the subject.
3.8 The respondents, in support of their contentions relied upon the order, dated 22.04.2015 of this Tribunal in OA 410/2014 in a similar 7 OA 1175/2016 case filed by one D.Jayapaul, wherein this Tribunal has held as under:-
"With regard to the restoration of fixation of pay and allowance, we do not find any infirmity in the reduction of the applicant's pay since the respondents have been following uniform policy for all GDS employees in respect of TRCA which has been granted on the basis of assessment of workload of the GDS BPM of concerned Branch Office."
Hence they prayed for dismissal of the OA.
4. Heard learned counsels, Mr.S.RamaswamyRajarajan, for the applicant and Ms.Shakila Anand, for the respondents.
5. We observe that the applicant was working as Gramin Dak Sevak Mail Deliverer (GDS MD). the GDS are Extra Departmental Agents and their services/remuneration are determined by a separate set of rules. There is no regular pay prescribed for the GDS officials and they are granted an allowance based on the workload of a particular post. The applicant was posted as a GDS Mail Deliverer. Subsequently a review was carried out and the position of the applicant was redesignated as GDS Mail Carrier/Delivery Post (GDS MC/DP). His TRCA was fixed at Rs.4870/- in the slab Rs.3635-65-5585 and a protected pay of Rs.25/- was allowed to him to make his pay same as before redesignation which was Rs.4895/- in the slab of Rs.4220-75-6470. This is not a case where there is discrimination between employees. Atleast such a contention is not raised before us. It can, therefore, be assumed that the scheme of GDS and redesignation exercise have been uniformly applied to all Extra Departmental employees without discrimination and based on the assessment of workload according to a set of prescribed Rules. In doing so, although the applicant has been placed 8 OA 1175/2016 in a lower scale, his allowance has been fixed and allowing a personal amount so as to place him at the same level of allowance as was there before the redesignation. Under the circumstances, we find no infirmity in the order of the authorities in fixation of TRCA in respect of the applicant. This view is also supported by the observations of this Tribunal in the case of Shri Jayapaul in OA No.410/2014 in order dated 22.04.2015.
6. The OA is, therefore, dismissed. No order as to costs.
(SANGAM NARAIN SRIVASTAVA) (M.SWAMINATHAN) MEMBER(A) MEMBER (J) MT .09.2024