Central Administrative Tribunal - Ernakulam
P.Rajagopalan vs The Senior Superintendent Of Post ... on 3 August, 2015
Author: P.Gopinath
Bench: P.Gopinath
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Applicaton No.180/00262/2014
Monday this the 3rd day of August 2015
CORAM:
HON'BLE Mr.JUSTICE N.K.BALAKRISHNAN, JUDICIAL MEMBER
HON'BLE Mrs.P.GOPINATH, ADMINISTRATIVE MEMBER
1. P.Rajagopalan,
S/o.Velukutty Menon,
Working as Postman, Kavassery P.O.
Residing at Parakkalkuruppath House,
Palampolakode P.O., Palakkad - 678 544.
2. Smt.M.Y.Najumunnissa,
W/o.Muhammedali,
Working as Postman, Nenmara P.O.
Residing at Ozhavapadam House,
Chathamangalam P.O., Nenmara - 678 508.
3. P.Jayadevan,
S/o.Parameswaran,
Working as Postman, Kalpathy P.O.
Residing at Sujithra House, Prasanthinagar,
Kallekulangara, Palakkad - 678 009. . . . . Applicants
(By Advocate Mr.P.C.Sebastian)
Versus
1. The Senior Superintendent of Post Offices,
Palakkad Division, Palakkad - 678 001.
2. The Chief Postmaster General,
Kerala Circle, Thiruvananthapuram - 695 033.
3. Union of India represented by Secretary to Govt. of India,
Ministry of Communications, Department of Posts,
Dak Bhavan, New Delhi - 110 511. . . . . Respondents
(By Advocate Mr.E.N.Hari Menon,ACGSC)
This application having been heard on 22 nd July 2015 this Tribunal on
3rd August 2015 delivered the following :
ORDER
HON'BLE Mrs.P.GOPINATH, ADMINISTRATIVE MEMBER Applicants are Gramin Dak Sevaks who were qualified in the departmental exam for promotion to the cadre of Postman held on 24.11.2002. But they were actually appointed as Postman on 13.1.2004 due to delay in getting approval from the Screening Committee constituted for filling the direct recruitment in various cadres. Some candidates qualified in the very same exam got appointment in the year 2003 with the result that they got the benefit of old pension scheme. Similarly placed persons as applicants filed O.A.No.620/2003 which was allowed by this Tribunal directing to grant them pay fixation benefit and seniority and connected pension benefit treating them to have been promoted with effect from the date of promotion of those appointed in 2003 itself. Applicants approached this Tribunal by filing O.A.No.110/2013 seeking to get the same benefits as applicants in O.A.No.620/2003 which was allowed as conceded by respondents. Applicants were accordingly granted the same benefit as applicants in O.A.No.620/2003. Applicants submit that thereafter based on the recommendations of the 6th Central Pay Commission Government of India has introduced Modified Assured Career Progression Scheme for all Central Government Civilian Employees envisaging grant of three financial upgradations on completion of 10, 20 and 30 years of continuous regular service. As per the condition of the said scheme whenever a person has spent 10 years continuously in the same Grade Pay he will be eligible for placement for the 1st MACP. Purportedly in accordance with the Scheme the 1st and 2nd applicants have been granted 1st MACP with effect from 1.2.2014 and 3rd applicant has been granted 1st MACP with effect from 16.1.2014. Applicants point out that as per Annexure A-2 they were appointed in the cadre of Postman with effect from 13.3.2003 in the scale of pay of Rs.3050-80-4590/- with pay fixation benefit and seniority. As such their date of entry in the cadre is 13.3.2003. But they have been granted 1 st MACP with effect from 1.2.2014 and 16.1.2014 instead of 13.3.2013. The applicants have submitted individual representations highlighting the said grievance. However, their representations have been rejected by the 1st respondent stating that as per rules MACP is admissible from the date of actual joining of the post in the direct entry grade and hence their service for the purpose of MACP can be redeemed from 15.1.2004. Aggrieved the applicants have filed this O.A seeking the following reliefs :
1. To call for the files relating to the issue of Annexures A-7, A-7(A) and A-7(B) and quash them.
2. To declare that applicants are entitled to be granted the benefit of 1st MACP reckoning their service from 13.3.2003 onwards as regular service for the purpose of MACP.
3. To issue appropriate order/directions to the respondents to grant the benefit of MACP to the applicants counting their service from 13.3.2003 onwards on continuous regular service for the purpose of MACP and to issue necessary orders for the same within a period of time as deemed proper to this Hon'ble Tribunal.
4. To grant such other relief which may be prayed for and/or which this Hon'ble Tribunal may deem fit and proper to grant in the facts and circumstances of the case.
5. To award costs for these proceedings in favour of the applicant.
2. Respondents in their reply submit that there is no undue delay in appointing the applicants as Postman as approval of the Directorate for filling up of unfilled vacancies of Postmen in Departmental Promotion quota was received by letter dated 17.12.2003. They state that the Scheme of MACP envisages grant of three financial upgradations on completion of 10, 20 and 30 years of continuous regular service. The respondents state that as per Annexure R-1 'regular service' for the purposes of MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption/re-
employment basis. Accordingly the services of the applicants can be considered for MACP with effect from the actual date of joining service ie. 15.1.2004. The notional service granted with effect from 13.3.2003 cannot be reckoned for MACP. Further to a query raised, the Government has clarified that the benefits under MACPS would be available from the date of actual joining of the post in the entry grade (Annexure R-2). Respondents state that the period of dies-non imposed for wilful absence from duty etc. will not be counted as regular service for the purpose of grant of financial upgradations under MACP Scheme. The 1st applicant was willfully absent from duty from 29.1.2004 to 4.2.2004, 24.2.2004, 29.9.2005, 14.12.2006, 17.12.2008 to 18.12.2008, 7.9.2010, 28.2.2012, 12.12.2012, 20.2.2013 and 21.2.2013. After taking into consideration these 17 days of dies non as non qualifying service for granting MACP, effective date of MACP has been arrived at as 1.2.2014. The 2nd applicant was willfully absent from service and awarded 17 days of dies-non on 29.1.2004 to 4.2.2004, 24.2.2004, 29.9.2005, 14.12.2006, 17.12.2008 to 18.12.2008, 7.9.2010, 28.2.2012, 12.12.2012, 20.2.2013 and 21.2.2013. Taking into consideration 17 days of dies non as non qualifying service for granting MACP, effective date of MACP has been arrived at as 1.2.2014. The 3rd applicant was absent from duty on 28.2.2012 and was awarded one day of dies non for the same for willful absence from duty. The effective date of MACP has been arrived as 1.2.2014. After taking into consideration the period of dies non of each applicants as non qualifying service for granting MACP, the effective date of MACP has been arrived at.
3. We have heard the learned counsel appearing for both parties and also gone through the documents/annexures produced by the parties. Applicants point out that this Tribunal in O.A.No.110/2013 has given the applicants the same benefits as in O.A.No.620/2003 ie. antedated their appointment to 30.1.2003 the date on which GDS and departmental candidates under merit quota have been declared to have passed the examination for appointment as Postman and their pay fixed notionally, while their actual pay would be from the date they have assumed charge. The seniority was also fixed accordingly, junior to those appointed against the merit quota. The Tribunal in the above order has already fixed the seniority of the applicants and antedated their appointment to 30.1.2003. Hence their ten years of continuous service should count from 30.1.2003. The actual number of days treated as dies-non which is non-qualifying service shall be deducted from each of the applicants' case while computing the period of ten years for the purpose of grant of MACP benefit. O.A is allowed accordingly. No order as to costs.
(Dated this the 3rd day of August 2015)
P.GOPINATH JUSTICE N.K.BALAKRISHNAN
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
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