Central Administrative Tribunal - Jabalpur
Laxmi Narayan Pateriya vs D/O Postal on 18 March, 2026
1 O.As.Nos.200/00905, 1063, 1135/2016 & 188/2017 Reserved CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Applications No.200/00905, 1063, 1135/2016 & 188/2017 Jabalpur, this Wednesday, the 18th day of March, 2026 HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON'BLE MS MALLIKA ARYA, ADMINISTRATIVE MEMBER Komal Prasad Dubey, S/o Shri Laxmi Narain Dubey, Date of Birth 01-01-1969 GDS Mail Deliver/Mail Carrier, Gaori BO, Maksudangarh, District- Guna (M.P.) 473001
-Applicant in O.A. No. 200/00905/2016 Laxmi Prasad Pateriya, S/o Shri Tulsi Ram Pateriya Aged about 65 years, Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= GDS Mail Deliver (Now Retired), Mata Mohalla, Ward No. 6, House of Vaibhav Richharia, Mungawali- 473443, District- Ashoknagar, M.P 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= 473443 EO RAJUL NAMDEO Reason: I am the author of this
-Applicant in O.A. No.200/01063/2016 document Location:
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1. Om Prakash Sharma, S/o Sh Babu Lal Sharma Grameen Dak Sevak (M.D), D.O.B-01.01.1960 Lakhera Mohalla, Chachonda District- Guna (M.P.) 473001 Shambhu Singh Rajput, S/o Shri Ram Singh Rajput, Grameen Dak Sevak (M.D), D.O.B- 10.10.1961 R/O Village & P.O- Penchi (Binaganj), District-
Guna (M.P.) 473001 Kalu Ram Suman, S/o Sh. Babu Lal Suman Grameen Dak Sevak (M.D), DOB: 15-09-1961 R/o village & Post- Ruthiai-473110 District- Guna (M.P.). 473001 Smt. Nirmala Sharma, W/o Late Shri Dwarka Prasad Sharma, DOB:
01.01.1959, R/O Village & P.O. Dharnavada (Ruthiai), District- Guna (M.P.). 473001
5. Ram Prakash Pateria, S/o Shri Ganeshram Pateria, D.O.B- 06.07.1962, R/O Village & P.O- Gunheru (Mungaoli) District Ashoknagar (MP)-
473331
-Applicants in O.A. No.200/01135/2016 Page 1 of 11 2 O.As.Nos.200/00905, 1063, 1135/2016 & 188/2017
1. Kamal Chand Gupta, S/o Sh Ram Ratan Gupta D.O.B-01-09-1957 Present Post- Grameen Dak Sevak, Akajheri (Rannod), Shivpuri H.O, Guna Division, Guna, M.P 473001 R/o Village and Post- Akajhiri
2. Bhaiyalal Vishwakarma, S/o Shri Phool Chand Vishwakarma D.O.B- 04-02-1956 Present Post- Grameen Dak Sevak (M.D), Pachawali (Rannod), Shivpuri H.O, Guna Division, Guna, M.P 47 3001 R/o Village Pachaoli (Rannod)
3. Jamna Prasad Rai, S/o Shri Balchand Rai DOB: 09-12-1957 Present Post- Grameen Dak Sevak (M.D), Veera (Rannod), Shivpuri H.O, Guna Division, Guna, M.P 473001 R/o Village & Post- Veera (Rannod), Dist. Shivpuri 473551
4. Ramsevak Sharma, S/o Shri Kanhaiya Lal Sharma DOB: 08-02-1955 Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= Present Post- Grameen Dak Sevak (M.D), Khareh (Rannod), Shivpuri H.O, Guna Division, Guna, M.P 473001 R/o Village & Post- Kharch (Rannod), 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD Dist. Shivpuri 473551 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO Reason: I am the author of this document Location:
Date: 2026.03.19 13:17:28+05'30' Foxit PDF Reader Version: 2024.3.0
5. Balluram Jatav, S/o Shri Fundi Lal Jatav D.O.B- 03-08-1950 Last Post- Grameen Dak Sevak (M.D), Now Retd Guna Divisional Guna M.P. 473001 Khatora (Kolaras), Shivpuri H.O, Guna Division, Guna, M.P 473001 R/o Village & Post- Bijroni (Kolaras)
6. Ramswaroop Sharma, S/o Shri Anrath Singh Sharma D.O.B-31-05-1957 Present Post- Grameen Dak Sevak (M.D), Mada (Rannod), Shivpuri H.O, Guna Division, Guna, M.P 473001 R/o Village & Post- (Rannod), Dist. Shivpuri 473551
-Applicants in O.A. No.200/00188/2017 (By Advocate -Shri Devanshu Nandy proxy counsel for Shri Akash Choudhary) Versus
1. Union of India,Through its Secretary, Ministry of Communication & IT, Department of Post, 'Dak Bhawan', New Delhi 110 001
2. The Director, Postal Services, Indore Region, Indore 452 001 (Μ.Ρ.)
3. The Superintendent of Post Offices Guna Dn, Guna - 473001
4. The Post Master, Guna Head Post office Guna 473001
-Common Respondents in O.As. Nos. 200/00905,1063 & 1135/2016 Page 2 of 11 3 O.As.Nos.200/00905, 1063, 1135/2016 & 188/2017
1. Union of India, Through its Secretary, Ministry of Communication & IT, Department of Post, 'Dak Bhawan', New Delhi 110 001
2. Chief Post Master General MP Circle, Dak Bhavan, Hoshangabad Road Bhopal -462012
3. Post Master General, Indore Region, Indore 452 001 (Μ.Ρ.)
4. Superintendent of Post Offices Guna Division, Guna-473001
5. Post Master, Shivpuri Head Post office Shivpuri 473551 (Μ.Ρ)
- Respondents in O.A. No. 200/00188/2017 (By Advocate -Shri D.S.Baghel) Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= COMMON O R D E R 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur By Justice Akhil Kumar Srivastava, JM; Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO Reason: I am the author of this document Location:
The issue involved in both the Original Applications is the same. Date: 2026.03.19 13:17:28+05'30' Foxit PDF Reader Version: 2024.3.0 Hence, these are disposed of by a common order. For the sake of convenience, the facts, stated in Original Application No.200/00905/2016 is being discussed.
2. Through these Original Applications, the applicants have challenged the common order dated 19.05.2003 by which the Time Rated Continuity Allowance (TRCA) of GDS employees was reduced while fixing their TRCA on evaluating low work load.
3. The brief facts of the case are that the applicants were initially appointed on the post of GDS and from the initial date of appointment, he was posted at Gaori BO, Maksudangarh under Guna Division. The grievance of the applicant stood up when revised TRCAs were introduced due to evaluation of lesser work load on the GDS employees vide Page 3 of 11 4 O.As.Nos.200/00905, 1063, 1135/2016 & 188/2017 Superintendent of Post Offices Guna Dn order dated 19.05.2003. At that particular time, the applicant was drawing TRCA in the scale of Rs.1545-
25-2020 and was drawing the basic of Rs. 1670/-. He was subjected to a lower scale vide order dated 19.05.2003 and his TRCA scale was lowered from Rs. 1545-25-2020 to Rs. 1375-25-2125. Thus, the applicant was getting the basic TRCA of Rs.1670/ on 01-05-2003, but the same was not protected by the respondents and from 01.05.2003, his basic pay was reduced to Rs.1375/ in the inferior pay scale by putting him in TRCA scale Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= of Rs. 1375-25-2125. It would be important to mention here that as per the 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO Government of India, Department of Post letter dated 11.10.2004, wherein Reason: I am the author of this document Location:
Date: 2026.03.19 13:17:28+05'30' Foxit PDF Reader Version: 2024.3.0 it has been inter alia stated that in such circumstances pay protection should be granted to the GDS employees. The right process was to fix his TRCA by protecting his earlier basic pay which was getting in the earlier TRCA.
Thus, the respondents have not acted as per their own order dated 11.10.2004. The applicant has received lesser TRCA since 2003 than his entitlement. The subsequent grievance of the applicant has arisen when recommendation of Hon'ble R.S. Natrajmurthy Committee's recommendation, which was accepted by the Department of Post. A bare perusal of the same would go to show that the applicant who was drawing the TRCA of Rs. 1375-25-2125 was required to be given the scale of Rs.3330-60-5130. However, he has been placed in a lower scale of Rs.2870-50-4370. Thus, the applicant since 01.01.2006 is receiving lower Page 4 of 11 5 O.As.Nos.200/00905, 1063, 1135/2016 & 188/2017 TRCA. The said anomaly is still going on and the applicant is drawing the lower TRCA of Rs.3720/-. The applicant on several times orally requested to remove the anomalies before the competent authorities, but no heed has been paid towards the grievance of the applicant. Thereafter, the applicant was compelled to prefer a detailed representation to the Post Master, Guna Head Office on 25.03.2016 Annexure-A/3, and requested the said authority to rectify the anomalies. However, the said authority has not taken any pains to redress the grievance of the applicant. Subsequently, the applicant Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= has filed a detailed representation addressing to the respondent No.3. Copy 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO of the representation dated 07.06.2016 is marked herewith as Annexure-
Reason: I am the author of this document Location:
Date: 2026.03.19 13:17:28+05'30' Foxit PDF Reader Version: 2024.3.0 A/4. It is humbly submitted here that both the authorities who have been apprised by the applicant in detail about the anomalies, are sitting tight over the matter and the applicant, in a disadvantageous position, is receiving lesser TRCA every month.
4. Per contra the respondents have filed their reply wherein it has been stated that the applicant who was holding the post as GDS Mail Deliver/Mail Carrier Gaori BO Maksudangarh, Guna, at the particular period was getting the pay scale of Rs. 1545-25-2020 and drawing the basic pay of Rs. 1670/-. Due to the low workload, his pay was fixed in the pay scale of Rs. 1375-25-2125. Thus the applicant was drawing the basic of Rs.
1670/- prior to 01.02.2004. The claim of the applicant is that at the time of implementation of the revised TRCA, as per the Hon'ble Page 5 of 11 6 O.As.Nos.200/00905, 1063, 1135/2016 & 188/2017 R.S.Natrajanmurthy Committee recommendations, was required to be placed in the pay sale of Rs. 3330-60-5130 w.e.f. 1.1.2006 but fixed in a lower corresponding TRCA of Rs. 2870-50-4370 and he has sustained the heavy loss since 2003 also is getting the lesser TRCA than his entitlement.
It is further submitted that the TRCA has again been assessed and amended on the basis of recommendation of Natrajan Committee dt. 01.01.2006 for the GDA Employees by the TRCA Division Assessment Committee of Divisional office and the same is being paid continuously till date.
Digitally signed by RAJUL NAMDEODN: C=IN, O=Personal, PostalCode=
5. The applicant has filed a rejoinder more or less reiterating what has 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO been said in the Original Application. Reason: I am the author of this document Location:
Date: 2026.03.19 13:17:28+05'30' Foxit PDF Reader Version: 2024.3.0
6. Heard the arguments advanced by both the parties and perused the documents annexed and the judgments relied upon by the parties.
7. The issue involve in this case has already been discussed at length in a similar matter in Original Applications Nos. 200/00034/,109 & 201/2017 and the operative portion of which reads under:-
"3. The brief facts of the case are that the applicants were initially appointed with the respondent department on the post of GDS MD/MC. The grievance of the applicants stood up when revised TRCAs were introduced due to evaluation of lesser work load on the GDS employees vide Superintendent Of Post Offices Guna Division order dated 19.05.2003. It is pertinent to mention here that at the particular period, the applicants who was drawing TRCA in the scale of Rs. 1740-30-2640 and was drawing the basic of Rs. 1,890, they were placed in a lower scale vide order dated 19.05.2003 and their TRCA scale was lowered from Rs. 1740-30- 2640 to Rs. 1375-25-2125. Thus, the applicants who were getting the basic TRCA of Rs. 1,890/- on 01-05-2003, but the same was not protected by the respondents and from 01.05.2003, their basic pay was reduced as Rs. 1,375/-in the inferior pay scale by putting him Page 6 of 11 7 O.As.Nos.200/00905, 1063, 1135/2016 & 188/2017 in TRCA scale of Rs. 1375-25-2125. Upon evaluation of reduction of work load, since 01.05.2003 they are receiving the lower TRCA in the scale of Rs. 1375-25-2125/1220-20-1600. The right process was to fix their TRCA by protecting their earlier basic pay which was getting in the earlier TRCA scale. Thus, the respondents have not acted as per order dated 11.10.2004. The applicants are receiving lesser TRCA since May 2003 than their entitlement. The applicants have preferred detailed representations to the respondents, which were cumulatively filed as Annexure A-5 but the respondents are sitting tight over the matter. Hence these O.As.
4. Per contra the respondents have filed their reply wherein it has been stated that the applicants are working on difference category of GDS in Guna Division. They were getting TRCA(Time Related Continuity Allowance according to work load basis fixed as per order dated 17.12.1998 issued as per recommendation of Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= Justice Talwar Committee (Annexure A/1). As per order passed by the CAT Chennai Bench of the Tribunal in OA No. 1011/2001 & 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD directions contained in Director Generals (P) New Delhi letter No. 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO 14-16/2001 PAP dated 11.09.2002 the Time Related Continuity Reason: I am the author of this document Location:
Date: 2026.03.19 13:17:28+05'30' Foxit PDF Reader Version: 2024.3.0 Allowance of all GDS officials including the applicants were revised vide memo dated 19.05.2003 (Annexure A/2) with effect from 01.05.2003. The Department of Posts vide Resolution dated 23.07.2007 set up One-man committee to examine the system of extra departmental post offices and wage structure of Gramin Dak Sevaks. The Committee submitted its report on 29.10.2008. As per letter dated 09.10.2009 TRCA for different categories of Gramin Dak Sevaks was revised and fixed w.e.f 01.01.2006. The applicants are getting revised TRCA w.ef. 01.01.2006. The applicants never raised any grievance in respect of assessment of work load and fixation of TRCA in 2003 as per order passed by the CAT Chennai Bench of the Tribunal in OA No. 1011/2001 & directions contained in Director Generals letter dated 11.09.2002. They accepted the revised TRCA on both occasions. Now after almost 13 years the applicants have filed the instant original application on the ground that at the time of fixation of their TRCA vide memo dated 19.05.2003 their TRCA was not protected to the minimum of basic ignoring the order dated 11.10.2004 (Annexure A/3). The applicants are claiming revision of their TRCA from 2003. The respondents further submitted that similarly placed GDS Shri Suresh Chandra Sharma and Shri Mohan Prasad Sharma of Guna Division had filed O.A. No. 532/2006 before the Hon'ble Tribunal challenging their TRCA fixation on lower side done vide same memo dated 19.05.2003 and claiming substantially same relief.
After due consideration of all grounds the Hon'ble Tribunal has Page 7 of 11 8 O.As.Nos.200/00905, 1063, 1135/2016 & 188/2017 been pleased to dismiss the Original Application vide detailed order dated 14.05.2008. The issue raised in the present original application has already been considered and decided vide order dated 14.05.2008 in OA No.532/2006.
5. The applicant has filed a rejoinder more or less reiterating what has been said in the Original Application.
6. Heard the arguments advanced by both the parties and perused the documents annexed and the judgments relied upon by the parties. We have also gone through the written arguments submitted by the applicants.
7. Section 21 of the Administrative Tribunals Act, 1985 (for short `the Act' ) deals with limitation for filing O.A. before this Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= Tribunal. Under the Act, the limitation has been prescribed for filing O.A. within one year from the date of cause of action. The same can 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD be extended by another six months from the date of filing of appeal if 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO the same is not decided. It has further been mentioned in the Act that Reason: I am the author of this document Location:
Date: 2026.03.19 13:17:28+05'30' Foxit PDF Reader Version: 2024.3.0 if the application is not filed within time as stipulated in Section 21 of the Act, then the applicant has to move a Miscellaneous Application for condonation of delay by explaining why Original Application could not be filed within the limitation.
7.1 In the case of D.C.S. Negi vs. Union of India & Ors., (2018) 16 SCC 721, the Hon'ble Supreme Court has held as under:
"12. Before parting with the case, we consider it necessary to note that for quite some time, the Administrative Tribunals established under the Act have been entertaining and deciding the applications filed under Section 19 of the Act in complete disregard of the mandate of Section 21, which reads as under:
"21. Limitation.--(1) A Tribunal shall not admit an application--
(a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of Section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made;
(b) in a case where an appeal or representation such as is mentioned in clause (b) of sub-section (2) of Section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months. (2) Notwithstanding anything contained in sub-section (1), where--Page 8 of 11
9 O.As.Nos.200/00905, 1063, 1135/2016 & 188/2017
(a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the matter to which such order relates; and
(b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court, the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or, as the case may be, clause (b) of sub-section (1) or within a period of six months from the said date, whichever period expires later. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= period of six months specified in sub-section (2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD within such period."
204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO
13. A reading of the plain language of the above reproduced section Reason: I am the author of this document Location:
Date: 2026.03.19 13:17:28+05'30' Foxit PDF Reader Version: 2024.3.0 makes it clear that the Tribunal cannot admit an application unless the same is made within the time specified in clauses (a) and (b) of Section 21(1) or Section 21(2) or an order is passed in terms of sub-section (3) for entertaining the application after the prescribed period. Since Section 21(1) is couched in negative form, it is the duty of the Tribunal to first consider whether the application is within limitation. An application can be admitted only if the same is found to have been made within the prescribed period or sufficient cause is shown for not doing so within the prescribed period and an order is passed under Section 21(3)."
8. In the instant case, the cause of action arose in the year 2003, however, the applicants kept silent and did not agitate the matter since then. In the year 2017, i.e. after more than one decade, the applicants are seeking relief, without there being any satisfactory explanation for not approaching the Tribunal within the limitation period. Thus, we find that the O.A is barred by limitation as per Section 21 of the Act. Further the respondents in their reply have filed one Original Application No. 532/2006, wherein the similar orders have been passed, the relevant portion of which reads thus:-
"6.It is seen that the impugned shove cause notice (annexure A-2) was issued in pursuance of the directions given by this Tribunal in OA. No. 393/03. Through this show cause notice, the respondents invited representation against reduction of the TRCA as per order dated 19.5.2003 (Annexure R-4). The applicants represented against this reduction through their representation (Annexure A-6), Page 9 of 11 10 O.As.Nos.200/00905, 1063, 1135/2016 & 188/2017 but we find that they did not give any valid reasons for maintaining the TRCA except saying that since there is no change in the area of the jurisdiction of the applicants, there can not be any reduction in the TRCA. The respondents have clarified in their reply that the TRCA had to be recalculated because of change in beat from foot to cycle. The applicants have not contested this claim, while filing a rejoinder. The respondents have also clarified that the recalculation has been done based on the guidelines issued in respect of replacement of the foot beat formula by cycle beat formula (vide annexure R-5). The contention of the applicants that the TRCA could not be reduced as per the directions contained in the order dated 11.10.2004 (annexure A-7), does not appear to be correct, as the aforesaid directions are actually the guidelines based on which the TRCA can be refixed. These directions clearly lay down that periodical review of workload should be undertaken and TRCA Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= should be fixed based on the actual workload. Since the applicants have failed to advance any arguments contesting the basis on which 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD the workload has been assessed and consequently TRCA has been 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO revised, we are of the considered view that the applicants are not Reason: I am the author of this document Location:
Date: 2026.03.19 13:17:28+05'30' Foxit PDF Reader Version: 2024.3.0 entitled to the relief that they have prayed for through this O.A., however, would be applicable with effect from the date of issue of the notice i.e. 24.2.2005 and if any excess payment has been made on account of the old rate of TRCA for the period before 24.2.2005 it will not be recovered from the applicants and if any recovery on this account has already been made, it shall be refunded to them as undertaken by the respondents in their counter reply. With these directions, the OA is dismissed. No costs.
9. Hence, in view of the discussions made above and also to maintain parity with the cases discussed above of this Bench, we find that there is no merit in all the Original Applications and the same deserves to be dismissed.
10. In view of the above, the Original Applications are dismissed. No order as to costs.
11. As a sequel thereof, pending Miscellaneous Application(s), if any, shall also stands disposed of."
8. Hence, in view of the discussions made above and also to maintain parity with the cases discussed above of this Bench, we find that there is no merit in this Original Application and the same deserves to be dismissed.
Page 10 of 1111 O.As.Nos.200/00905, 1063, 1135/2016 & 188/2017
9. In view of the above, the Original Application is dismissed. No order as to costs.
10. As a sequel thereof, pending Miscellaneous Application(s), if any, shall also stands disposed of.
(Mallika Arya) (Akhil Kumar Srivastava) Administrative Member Judicial Member rajul Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= 482004, L=Jabalpur, S=Madhya RAJUL Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e950 NAMD 204860d7795912c018822fac86d321 30fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d3 9662134c765dec84aec2c142b41c6e 609, [email protected], CN= EO RAJUL NAMDEO Reason: I am the author of this document Location:
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