Andhra Pradesh High Court - Amravati
The Ananthapuramu Division Postal ... vs Union Of India, on 22 November, 2019
Author: J.K.Maheshwari
Bench: J K Maheshwari, M.Venkata Ramana
CHIEF JUSTICE J.K. MAHESHWARI
AND
JUSTICE M. VENKATA RAMANA
WRIT APPEAL No. 240 of 2019
ORAL JUDGMENT
Date: 22.11.2019 (Per J.K.Maheshwari, CJ) Sri Atchutananda Dondeti, learned counsel for the appellants. Sri B. Krishna Mohan, learned Assistant Solicitor General of India for the respondents.
2. Assailing the order dated 14.06.2019 passed by learned single Judge in W.P.No.2508 of 2019 dismissing the writ petition, the writ petitioners have come before this Court.
3. Before the writ Court, challenge was made to the letter dated 19.09.2002 of the Director General (Posts), New Delhi, 2nd respondent herein, by which directions issued earlier regarding deduction of dues of Gramin Dak Sevaks from their salaries, have been withdrawn, taking analogy of Rule 559 of the Cooperative Credit Society Dues and on the pretext that they are not regular Government employees and are not in receipt of monthly salary from the Department.
4. On perusal of the order impugned, it reveals that learned single Judge has taken into consideration that this issue has been examined in consultation with the Branch Secretariat of Ministry of Law, Mumbai, and the recoveries of dues of Co-operative Societies in case of Government servants is regulated by the provisions of Rule 559 of the Cooperative Credit Society Dues and Appendix 29 of Postal & Telegraphs Financial Handbook Volume-I and it is not legally permissible to make 2 HCJ & MVR,J WA No.240 of 2019 any deduction from the TRCA being paid to the Gramin Dak Sevaks as they are not regular employees and not getting monthly salary from the Department.
5. After hearing learned counsel for the appellants as well as learned Assistant Solicitor General of India appearing on behalf of the respondents at length and on perusal of the facts of the case, it is not in dispute that the appellants have been appointed as Gramin Dak Sevaks /Extra Departmental Agents, in terms of a Circular issued by the Department, to work for a limited period, subject to payment of their salary as determined by the Government through treasury, in terms of the Gramin Dak Sevaks (Conduct and Engagement) Rules 2011. It is to be noted that the installments of dues of Government servants, who took loans from the Co-operative Societies, are being deducted from their salaries through treasury, applying Rule 559 of the Cooperative Credit Society Dues. In the present case, the employees, who appointed under the Gramin Dak Sevaks (Conduct and Engagement) Rules 2011, are getting salaries through Government as per the fixed rate, and they also obtained loans from the Society of the appellant and the installments of dues are being deducted from their salaries by the treasury at par with the other employees of postal department, extending the benefit of analogy of Rule 559 of the Cooperative Credit Society Dues, but the same benefit has been withdrawn. Thus, it is to be examined that how far the withdrawal of the said benefit is justified, although the mode of payment of salaries of Government servants and Gramin Dak Sevaks through treasury and the mode of recovery of loans taken by them and payment of the same to the Co-operative Societies are the same.
6. In this regard, it is required to be noted that the Government servants or the employees recruited under the Gramin Dak Sevaks 3 HCJ & MVR,J WA No.240 of 2019 (Conduct and Engagement) Rules 2011 are the members of the Co-operative Societies formulated by them. They take loans from the said Societies subject to payment of the loans in installments on monthly basis from their respective salaries. Thus, the monthly installments of the loans are being deducted from their salaries through treasury and credited in the account of the Societies as per the practice prevalent, in terms of Rule 559. It is true, by the said Rule, the benefit may be extended to the Government servants, but applying the said analogy, the benefit, which was being given to the employees appointed under the Gramin Dak Sevaks (Conduct and Engagement) Rules 2011, was continued, but now it has been withdrawn.
7. While issuing the orders impugned in the writ petition, the respondent authorities have not duly considered the fact that the appellant Society had advanced loans to the employees recruited under the Gramin Dak Sevaks (Conduct and Engagement) Rules 2011 to a tune of Rs.6,43,88,974/- and, in consequence thereof, the recovery of that much amount of the appellant Society would be in jeopardy, which is for the benefit of the employees. Otherwise, by monthly installments, it may be recovered adopting the analogy of Rule 559 as was done earlier, to which legal impediment has not been brought to our notice.
8. Taking note of the aforesaid fact, we are of the considered opinion that the decision of withdrawal of deduction of installments of loans of the employees, who are recruited under Rules 2011, from their salaries, is not based on plausible reasons. Therefore, such decision deserves to be set aside.
9. This Court has further seen that recently, the Department of Posts, India, from the Office of the Chief Post Master General, A.P. Circle, 4 HCJ & MVR,J WA No.240 of 2019 Vijayawada, has again issued proceeding dated 05.03.2019 instructing that agreement with Co-operative Societies can be made for recovery of Societies dues from TRCA of GDS and payment to Societies can be done through E-payment by entering into an agreement with Co-operative Societies.
10. In view of the foregoing, the department is also realizing that the previous practice may be continued with some modification. Therefore, in our considered opinion, the learned single Judge has not duly considered the aforesaid aspect of discrimination on the relevant issue, while passing the order impugned.
11. Accordingly, this writ appeal is allowed and the order passed by the learned single Judge is set aside. The respondents are directed to apply the same analogy to the employees recruited under the Gramin Dak Sevaks (Conduct and Engagement) Rules 2011 as adopted to the regular Government servants of postal department in the matter of recovery of dues, and appropriate guidelines be issued in this regard, within a period of one month from the date of communication of this judgment. After issuance of the said guidelines, deduction of the installments from the salaries of the employees recruited under the said Rules shall be started, thereby the dues of the appellant Society can be repaid.
As a sequel, all the pending miscellaneous applications shall stand closed. There shall be no order as to costs.
J. K. MAHESHWARI, CJ M. VENKATA RAMANA, J
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5 HCJ & MVR,J
WA No.240 of 2019
CHIEF JUSTICE J.K. MAHESHWARI
AND
JUSTICE M. VENKATA RAMANA
Writ Appeal No. 240 of 2019
(per the Chief Justice J.K. Maheshwari}
22nd November, 2019
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