Karnataka High Court
The Union Of India vs Sri. R. Satyanarayana on 4 July, 2019
Bench: L.Narayana Swamy, R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2019
PRESENT
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
AND
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION Nos.35822-824/2018 (S-CAT)
C/W
WRIT PETITION Nos.39319-320/2018, 39322-323/2018
IN W.P.Nos.35822-824/2018
Between:
1. The Union of India,
Represented by its Secretary,
Department of Posts,
DakBhavan,
New Delhi - 110 001.
2. Chief Post Master General,
Karnataka Circle,
Bengaluru - 560 001.
3. The Asst. Post Master General,
O/o Chief Postmaster General,
Karnataka Circle,
Bengaluru - 580 001. ...Petitioners
(By Sri. B.Pramod, CGC)
And :
Sri. R.Satyanarayana,
Aged about 64 years,
S/o A.Raj,
Retired as Manager (O & PS),
2
Business Development Division,
National Speed Post Centre,
Bengaluru - 560 001.
R/at D.No.2568, 'Shree Nivasa',
E Block, 8th Cross, 13th Main Road,
Sahakarnagar,
Bengaluru - 560 092.
...Respondent
(By Sri.B.Venkateshan, Advocate)
These Writ Petitions are filed under Articles 226
and 227 of the Constitution of India praying to quash
the order dated 10.11.2015 (Annexure - A) passed by
the Central Administrative Tribunal, Bengaluru Bench,
Bengaluru in O.A.No.850/2014, and declare the same
to be illegal, arbitrary and contrary to CCS Revision of
pay rules 2008 and etc.,
IN W.P.Nos.39319-320/2018
Between:
1. The Union of India,
Represented by its Secretary,
Department of Posts,
Dak Bhavan,
New Delhi - 110 001.
2. Chief Post Master General,
Karnataka Circle,
Bengaluru - 560 001.
3. The Asst. Post Master General,
O/o Chief Postmaster General,
Karnataka Circle,
Bengaluru - 580 001. ...Petitioners
(By Sri. B.Pramod, CGC)
3
And :
Sri. DineshKhare,
Aged about 61 years,
S/o SripadRaoKhare,
Retired as Senior Postmaster,
Mysore HO.570 001.
R/at Flat No.313, 2nd Floor,
Dhruva Apartment,
Kodihalli Main Road,
10th Cross,
Bengaluru - 560 008.
...Respondent
(By Sri.B.Venkateshan, Advocate)
These Writ Petitions are filed under Articles 226
and 227 of the Constitution of India praying to quash
the order dated 10.11.2015 Annexure - A passed by the
Central Administrative Tribunal, Bengaluru Bench,
Bengaluru in O.A.No.893/2014, and declare the same
to be illegal, arbitrary and contrary to CCS Revision of
Pay Rules 2008 and etc.,
IN W.P.Nos.39322-323/2018
Between:
1. The Union of India,
Represented by its Secretary,
Department of Posts,
Dak Bhavan,
New Delhi - 110 001.
2. Chief Post Master General,
Karnataka Circle,
Bengaluru - 560 001.
3. The Asst. Post Master General,
4
O/o Chief Postmaster General,
Karnataka Circle,
Bengaluru - 580 001. ...Petitioners
(By Sri. B.Pramod, CGC)
And :
Sri. D.Basavaraja,
Aged about 61 years,
S/o Doddarangappa,
Retired as Senior Supdt. Of
Post Offices,
Bengaluru West Division,
Bengaluru - 560 086.
R/at C/o Postmaster,
Subramanyanagara PO,
Bengaluru - 560 061.
...Respondent
(Respondent served and unrepresented)
These Writ Petitions are filed under Articles 226
and 227 of the Constitution of India praying to quash
the order dated 10.11.2015 (Annexure - A) passed by
the Central Administrative Tribunal, Bengaluru Bench,
Bengaluru in O.A.No.859/2014, and declare the same
to be illegal, arbitrary and contrary to CCS Revision of
pay rules 2008 and etc.,
These Writ Petitions coming on for Preliminary
Hearing in 'B' Group this day, Devdas J, delivered the
following:
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ORDER
In these batch of matters, the grievance of the respondents who are serving in the postal department is that the grade pay as revised under the revised pay rules, 2008, should have been given to the respondents and therefore, when the same was denied, they approached the Central Administrative Tribunal,. The Central Administrative Tribunal by its order dated 10.11.2015 has passed the following order;-
"The matter seems to be covered by the order of the Hyderabad Bench in OA No.296/2014 dated 15.9.2015 which apparently went to the High Court and thereafter to the Supreme Court and attained finality now. Other Benches have also followed this.
2. Therefore, this O.A is allowed in terms of the order already passed by the Hyderabad Bench. Applicant is entitled to the same benefit 6 as in the other cases. This may be implemented within the next two (2) months."
2. Sri B. Pramod, Central Govt. Standing Counsel, submits that though the application was filed before the Hyderabad Bench by the employees of the postal department, however, the revised pay rules 2008 pertaining to the Revenue Department was taken into consideration and the said order was passed following another decision pertaining to the Revenue Department. Therefore, the learned counsel submits that on the basis of it, these matters require reconsideration since the decision pertaining to the revenue department could not have been made applicable to the postal department employees. It is further pointed out that the Hon'ble Supreme Court has confirmed the order passed by Madras High Court which pertained to revenue department.
3. In the light of the above, we feel it appropriate to remand these matters back to the Central Administrative Tribunal to reconsider the matters in the 7 light of the submission made by the learned Central Govt. Standing counsel as stated above. The petitions are accordingly disposed off while setting aside the impugned orders passed by the Central Administrative Tribunal while requesting the Tribunal to reconsider the matters in light of the observations made therein above.
SD/-
JUDGE SD/-
JUDGE nm