Kerala High Court
(Respondents In The Original ... vs (Applicant In The Original ... on 20 October, 2008
IN THE HIGH COURT OF KERALAATERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 30TH DAYOF NOVEMBER 2016/9TH AGRAHAYANA, 1938
OP (CAT).No. 1024 of 2010 (Z)
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AGAINST THE ORDER IN OA 605/2008 of CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH DATED20-10-2009
PETITIONERS :- (RESPONDENTS IN THE ORIGINAL APPLICATION)
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1. UNION OF INDIA,
REPRESENTED BY THE POST MASTER GENERAL,
NORTHERN REGION, KOZHIKODE.
2. THE SUPERINTENDENT OF POST OFFICES,
MANJERI DIVISION, MALAPPURAM DISTRICT.
BY ADVS.
SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
RESPONDENT : - (APPLICANT IN THE ORIGINAL APPLICATION)
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A.M.GEETHADEVI, WIFE OF M.GIRISH KUMAR,
GRAMIN DAK SEVAK BRANCH POSTMASTER,
OMANUR-B.O, CHERUVAYUR, MANJERI, DIVISION,
RESIDING AT`THANAL' KUNIYIL, KIZHUPARAMBA P.O.,
AREACODE, MANJERI-673 639.
BY ADV.SRI.M.A.SHAFIK
THIS OP (CAT) HAVING BEEN FINALLYHEARD ON 30-11-2016,
THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
OP (CAT).No. 1024 of 2010 (Z)
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APPENDIX
PETITIONERS' EXHIBITS :
EXHIBIT P1 : PHOTOCOPY OF THE ORIGINAL APPLICATION No.605 OF 2008
ALONG WITH ITS ANNEXURE FILED BY THE RESPONDENT
BEFORE THE HONOURABLE CAT, ERNAKULAM.
EXHIBIT P2 : PHOTOCOPY OF THE REPLYSTATEMENT FILED BY THE
PETITIONERS IN EXHIBIT P1 ORIGINAL APPLICATION No. 605 OF
2008 ALONG WITH ITS ANNEXURES BEFORE THE HONOURABLE
CAT,ERNAKULAM.
EXHIBIT P3 : PHOTOCOPY OF THE ORDER DATED 20.10.2008 PASSED BY THE
HONOURABLE CAT,ERNAKULAM IN ORIGINAL APPLICATION
No. 605 OF 2008.
EXHIBIT P4 : PHOTOCOPY OF THE ORDER DATED 20.10.2008 PASSED BY THE
HONOURABLE CAT,ERNAKULAM IN ORIGINAL APPLICATION
No. 698 OF 2007.
RESPONDENT'S EXHIBIT : NIL.
// TRUE COPY //
P.A.TO JUDGE
DMR/-
P.R. RAMACHANDRA MENON
&
P. SOMARAJAN, JJ.
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O.P. (CAT) No. 1024 of 2010
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Dated this the 30th day of November, 2016
J U D G M E N T
P.R. Ramachandra Menon, J.
The petitioners were the respondents in O.A. No.605 of 2008 before the Central Administrative Tribunal, Ernakulam. The above O.A. was filed by the respondent herein, who was appointed as a GDS Mail Deliverer, with the following prayers.
"(i) To call for the records relating to Annexure A1 to A9 and to declare that the applicant is entitled and eligible to annual increments of pay/TRCA with effect from 1.8.2001 onwards in the scale of pay of Rs.1600-40-2400 till date and denial of the same is illegal and arbitrary;
(ii) To direct the respondents to draw the annual increments of pay/TRCA from 2002 onwards and to re-fix her salary and to grant all consequential benefits including arrears of back wages with 18% penal interest immediately;
(iii) To direct the respondents to disburse the ex-
gratia bonus for GDS declared by the department for the year 2006-2007 to the applicant immediately and to disburse the same with 18% penal interest;
O.P. (CAT) No. 1024 of 2010 2
(iv) To direct the respondents to issue necessary orders reckoning the period of service from A1 to A3 as regular service for all purposes including seniority, increments and all other consequential benefits and to pass such order immediately;
(v) To issue such other appropriate orders or directions this Hon'ble Tribunal may deem fit, just and proper in the circumstances of the case;
and
(vi) To grant the costs of this original application."
2. The claim was that she shall be given increments and such other benefits from the date of provisional appointment, i.e with effect from 01.08.2001. The claim was resisted by the Department contending that it is not payable, as the appointment was only 'provisional' and that the same could be paid only from the date of regular appointment. It was also contended that several clarifications have been issued by the Department in this regard. After hearing both the sides, the Tribunal allowed the O.A. as per Exhibit P3 order, the operative portion of which reads as follows:
"11. Keeping in view the fact that consistently this Tribunal having held that provisionally engaged GDS are entitled to future increments and Bonus, the lone exception being the decision in OA O.P. (CAT) No. 1024 of 2010 3 No.698/2007, which in fact had perhaps no opportunity to consider its own earlier decision, we may observe that the said decision in OA No.698/2007 as been rendered per incuriam. We are in respectful agreement with the decision in the earlier cases i.e. O.A. No.576/2007 (which was passed following the decisions of this Tribunal in OA No.1197/2000 and 424/2003 as already referred). Thus, those applicants whose appointments were provisional after following the selection procedure are certainly entitled to the future increments as well as Bonus as prayed for.
12. In so far as the applicant in O.A No.697/2008, his initial appointment was immediately after the demise of his father. The Circle Relaxation Committee could decide to grant compassionate appointment only at a later date. From the date of the applicant's initial agreement till his regular appointment, the nature of service rendered, according to the respondents, and rightly so, was only a stop gap arrangement. The period did not go even up to 3 years. As such, his case is not covered as a provisional appointment.
13. In view of the above, OA Nos. 605/08 and 606/08 are allowed. It is declared that the applicants therein are entitled to future increments in the TRCA as also bonus for the years they were engaged on provisional basis. OA No.697/2008, is however, dismissed."
O.P. (CAT) No. 1024 of 2010 4
3. The petitioners contend that Exhibit P3 verdict passed by the Tribunal is quite contrary to the verdict already passed by the Tribunal, about one year back, in O.A.No.698/2007 as borne by Exhibit P4 and as such, the issue has to be resolved and hence the original petition.
4. Heard the learned Standing Counsel appearing for the petitioners as well as Sri. M.A. Shafik, the learned counsel appearing for the respondent.
5. During the course of hearing, it is brought to the notice of this Court that, because of the divergent views taken by the very same Tribunal, the issue came to be referred to Full Bench. The point of reference was answered by the Full Bench as per the verdict dated 13.08.2010 in O.A. No.516/2009, whereby it was held that, the GDS appointed provisionally, following all the procedures and formalities prescribed for regular appointment and who have completed one year or more service, would be entitled for increment under the TRCS and also Productivity Linked Bonus, as awarded to regular GDS. The O.A. was remitted to the DB for decision on merits. O.P. (CAT) No. 1024 of 2010 5
6. By virtue of above declaration of law, the matter has become final, as no further challenge is made against the said verdict before this Court from the part of the Department. As such, we find that the view taken by the Tribunal in Exhibit P3 is liable to be sustained, it being in conformity with the law declared by the Full Bench as aforesaid.
We find no merit in the Original Petition and it stands dismissed accordingly.
P.R. RAMACHANDRA MENON JUDGE P. SOMARAJAN JUDGE DMR/-