Central Administrative Tribunal - Ernakulam
Dharmajan T A vs Department Of Posts on 15 July, 2022
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00376/2022
Friday, this the 15th day of July 2022
C ORAM :
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER
1. Dharmajan T.A.
Aged 71 years, S/o. Arjunan,
Retd. Supervisor, SBCO, Chalakkudy HPO,
Residing at Thundiparambil House,
Ponoth South Road, Kadavanthara,
Ernakulam - 682 020.
2. Augusthy N.J,
Aged 71 years, S/o. Joseph,
Retd. BCR Postal Assistant Ernakulam HPO,
Residing at Chilampikunnel House,
St. Mathews Church Road, Vennala,
Ernakulam - 682 028.
3. Aliyarkunju. A,
Aged 70 years, S/o. Abubacker. K,
Retd. Supervisor, SBCO, Kayamkulam HPO,
Residing at C.P.House,
Punnapra, Alappuha District - 688 004.
4. Raju Varkey,
Aged 69 years, S/o. Varkey A. K,
Retd. Supervisor, SBCO, Kottayam HPO,
Residing at Ayamanam Tharayil House,
Thodupuzha, Idukki District - 686 005.
5. Kamalakaran. P,
Aged 71 years, S/o. Madhava Menon. P,
Retd. Supervisor, SBCO, Calicut Civil Station HPO,
Residing at Puthiyedath House,
Kodungallur, Trichur District - 680 664.
6. Joseph P.I,
Aged 64 years, S/o. Ittiavirah,
Retd. Supervisor, SBCO, Mavelikkara HPO,
Residing at Punjathazhathu,
Santhirigiri Residency, Podimattam, Palampra,
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Koovappally, Kottayam District - 686 518.
7. Skandarajan T. T,
Aged 69 years, S/o. Thayikutty,
Retd. Supervisor, SBCO, Kunnamkulam HPO,
Residing at Kannitta Veliyil,
Pathirappally, Alappuzha District - 688 521.
8. Joseph John,
Aged 64 years, S/o. John,
Retd. Supervisor, SBCO, Ernakulam HPO,
Residing at Malikayil House,
Sagara Junction, Kattappana,
Idukki District - 685 508. - Applicants
(By Advocate: Mr. B. Unnikrishna Kaimal)
versus
1. Union of India represented by the
Secretary to Government of India,
Department of Posts, Dak Bhavan,
New Delhi - 110 001.
2. The Director General,
Department of Post, Dak Bhavan,
New Delhi - 110 001.
3. The Chief Postmaster General,
Kerala Circle, Thiruvananthapuram - 695 033.
4. The Director of Postal Services (HQ),
Office of the Chief Postmaster General,
Kerala Circle,
Thiruvananthapuram - 695 033. -Respondents
(By Advocate: Mr. Thomas Mathew Nellimoottil, Sr. PCGC)
This application having been heard on 15.07.2022, the
Tribunal on the same day delivered the following :
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ORDER
Mr. K. V. EAPEN, ADMINISTRATIVE MEMBER The applicant has filed this O.A seeking the following relief:
"i) issue an order directing the 3 rd respondent to grant BCR to the applicants with effect from 1-1-1993 on par with their junior E. K. Raichelamma with all consequential benefits.
ii) issue an order directing the respondents to re-fix the pension entitled to the applicants based on the antedating of their BCR promotion.
iii) issue an order directing the 2 nd respondent to consider Annexure A16 representation in the light of Annexure A8 judgment and Annexure A9 order dated 8-5-
2017 and to issue a speaking order to the 3 rd respondent directing to comply with Annexure A9 order at the earliest within a specified time period prescribed by this Hon'ble Tribunal.
And
iv) such other order or direction as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case."
2. The brief facts of the case are as follows:-
It is submitted that the applicants in this O.A are senior citizens in the age group of 64 to 71 who had retired from the Department of Post while working as Supervisors in Savings Bank Control Organisation(SBCO) in various Head Post Offices of Kerala Post Circle. It is submitted that they were originally appointed as LDCs' (SBCO) and were later promoted as UDCs. The cadres of LDC and UDC in SBCO were merged into a single cadre as Postal Assistant (SBCO) with effect from 01.08.1991. It is submitted that at the time of merger the erstwhile UDCs (SBCO) were ordered to be ranked en bloc senior to LDCs. Further, it is submitted that after introduction of TBOP -4- and BCR schemes for Postal Assistants (SBCO), the Department of Post issued Annexure A1 order dated 08.02.1996 stipulating that UDCs of the SBCO whose seniority was adversely affected by implementation of TBOP and BCR schemes would be considered for a net higher scale of pay from the date their immediate junior became eligible for the next higher scale of pay. Subsequently, it is submitted that the Department of Post withdrawn Annexure A1 order. It is submitted that the Annexure A1 order was challenged and Hon'ble Supreme Court of India had upheld the Annexure A1 order. The Department of Post vide Annexure A9 order dated 08.05.2017 then declared that all cases where seniors are adversely affected by implementation of BCR Scheme placing their junior in the next higher scale of pay will be decided in terms of Annexure A1 order. However, the representations submitted to the 3 rd respondent (The Chief Postmaster General, Kerala Circle) were declined. Aggrieved by non-
consideration of their claim, the applicants submitted representations to the 2nd respondent (The Director General, Department of Post), which is stated to be still pending. Hence, aggrieved by the above, the applicants have approached this Tribunal praying for the above relief.
3. When the matter was taken up for hearing, learned counsel for the applicant submits that the applicants have submitted representation (Annexure A16) seeking their placement on par with juniors in SBCO under TBOP/BCR Scheme.
-5-4. Adv. Mr. Thomas Mathew Nellimoottil, Sr. PCGC takes notice on behalf of the respondents and prays for time for taking instructions in the matter.
5. Heard both sides. As this matter is under consideration of the higher authority in the Postal Department, I direct the concerned respondent to examine the representation in light of the relevant rules, regulations and orders as well as keeping in mind the directions of the Hon'ble Apex Court within a period of three months from the date of this order. They may pass a necessary speaking order in this regard within this time.
6. The O.A is disposed of with the above directions without going into the merit, at the admission stage itself. No order as to costs.
(K.V.EAPEN) ADMINISTRATIVE MEMBER bp -6- List of Annexures Annexure Al: True copy of the order No.22-5/95-PE.1 dated 8-2-1996 issued by the Department of Post.
Annexure A2: True copy of the order No. No.22-5/95-PE-1 dated 3-8- 1997 issued by the Department of Posts.
Annexure A3: True copy of the order No.ST/300/2/99 dated 22-12-1999 issued by the 3rd respondent.
Annexure A4: True copy of the order dated 16-8-2004 of the CAT, Calcutta Bench in OA No.1148/2003.
Annexure A5: True copy of the order No.SFB/Z- 812/MOS/BCR/SBCO/05 dated 25-8-2006 issued by the CPMG, West Bengal Circle.
Annexure A6: True copy of the order dated 9-9-2008 of the CAT, Hyderabad Bench in OA No.33/2008.
Annexure A7: True copy of the judgment dated 9-4-2015 of the Hon'ble High Court of Hyderabad in Writ Petition No.31500/2011. Annexure A8: True copy of the judgment dated 13-2-2017 of the Hon'ble Supreme Court in the Special Leave to Appeal No.35654/15. Annexure A9: True copy of the order No.22-06/2000-PE-1 (pt) dated 8- 5-2017 issued by the Government of India, Ministry of Communications, Department of Posts.
Annexure A10: True copy of the order No.ST/441-XS/ Review of TBOP- BCR/SBCO/10 dated 12-9-2017 Issued by the CPMG, UP Circle. Annexure A11: True copy of the order No.SFB/Z- 812/MOS/BC/SBCO/2017 dated 15-1-2018 issued by the CPMG of West Bengal Circle.
Annexure A12: True copy of the order No.ST/13-60/2017 (pt) dated 18- 5-2019 issued by the CPMG, Kerala Circle. Annexure A13: True copy of the Memo No.ST-IV/PA (SBCO)/SUP/2017 dated 22-1-2021 of CPMG AP Circle.
Annexure A14: True copy of the extract of the gradation list of Postal Assistant (SBCO) as on 1-7-2005.
Annexure A15: True copy of the communication No. ST/13-60/2019 (pt) dated 30-11-2021 of the 3rd respondent.
Annexure A16: True copy of the identical representation dated 15-1-2022 submitted by the 1st applicant before the 2nd respondent.