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5. The controversy arose when the respondents without any base reduced the allowance of the applicants in spite of the fact that the applicants are entitled for the same because post offices were closed in the interest of department, whereas applicants are being penalized by way of posting far away from their native places and further reducing their allowances. The same controversy was before the CAT-Ernakulam and Ernakulam Bench held that as per the rules in so far as transfer within recruitment unit and in the same post with identical TRCA, there shall be no depletion in the quantum of TRCA drawn by the transferred individual and In so far as transfer from one post to the same post with different TRCA and within the same recruitment unit, administrative instructions provide for protection of the same vide order dated 11th October, 2004, subject only to the maximum of the TRCA in the transferred unit (i.e. maximum of the lower TRCA). In so far as transfer from one post to a different post with same TRCA and within the same recruitment unit, protection of TRCA is admissible and in respect of transfer from one post to another within the same recruitment unit but with different TRCA (i.e. from higher to lower) protection of TRCA is admissible. In so far as transfer from a post carrying lower TRCA to the same category to another category, but carrying higher TRCA, the very transfer itself is not permissible. Such induction should be as fresh recruitment.
6. The CAT-Ernakulam Bench after thoroughly considering the circulars and orders issued by the respondents in the light of the judgment rendered by the Honble Apex Court and observed as under:-
(a) As per the rules themselves, in so far as transfer within recruitment unit and in the same post with identical TRCA, there shall be no depletion in the quantum of TRCA drawn by the transferred individual.
(b) In for far as transfer from one post to the same post with Diff. TRCA and within the Same Recruitment Unit, administrative instructions provide for protection of the same vide order dated 11th October, 2004, subject only to the maximum of the TRCA in the transferred unit (i.e. maximum in the lower TRCA).
(c) In so far as transfer from one post to Different Post but with same TRCA and within the same Recruitment Unit, as in the case of (a) above, protection of TRCA is admissible.
(d) In respect of transfer from one post to another within the same recruitment unit but with different TRCA (i.e. from higher to lower), pay protection on the same lines as in respect or (b) above would be available.
(e) In so far as transfer from a post carrying lower TRCA to the same category or another category, but carrying higher TRCA, the very transfer itself is not permissible as held by the High Court in the case of Senior Superintendent of Post Offices v. Raji Ol, 2004(1) KLT 183. Such induction should be as a fresh recruitment. For, in so far as appointment to the post of GDS is concerned, the practice is that it is a sort of local recruitment with certain conditions of being in a position to arrange for some accommodation to run the office and with certain income from other sources and if an individual from one recruitment unit to another is shifted his move would result in a vacancy in his parent Recruitment Unit and the beneficiary of that vacancy would be only a local person of that area and not any one who is in the another recruitment unit. Thus, when one individual seeks transfer from one post to another (in the same category or other category) from one Recruitment Unit to another, he has to compete with others who apply for the same and in case of selection, he shall have to be treated as a fresh hand and the price he pays for the same would be to lose protection of his TRCA.
8. The CAT-Ernakulama Bench observed in the above referred case that as provisions of F.R. 22(I) (a)(i) or (ii) are not applicable, prayer for declaration to the effect that the applicant is entitled to have his pay fixed as per F.R. 22(I) (a)(i) or (ii) is rejected. However, It is declared that the TRCA drawn shall be protected and the same fixed in the TRCA applicable to the transferred post and if there is no such stage the TRCA shall be fixed at the stage below the TRCA drawn, the balance being treated as personal allowance to be adjusted in future annual increase.