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3. A vignette of the facts of the case with terse sufficiency being essential to have the hang of the issues involved, the same is succinctly given in the succeeding paragraphs.

4. The applicant was initially appointed as Extra Departmental Delivery Agent, re-designated as Gramin Dak Sevak Mail Deliverer (GDSMD for short), Kandala, with effect from 18-01-1980. The said post was carrying a TRCA of Rs 1740 - 30 - 2640/-. On his request, the applicant was appointed w.e.f. 16-03-2000 as Extra Departmental Post Master (EDBPM for short), Veliyamcode B.O. carrying the lower TRCA of Rs 1600 - 40 - 2400. The applicant was, at the time of his move as above, drawing Rs 1770/- per month as TRCA in the range of Rs 1740  2640/-. On the applicants joining the post of EDBPM Respondents fixed his TRCA at Rs 1600/- which is the minimum in the range of Rs 1600 - 2400/-. Prior to his transfer, the applicant had been asked and hence given an undertaking to the effect that he was prepared to work in the TRCA attached to the post of ED BPM. As such, no protest was registered by the applicant against the above fixation of TRCA on his transfer. However, this Tribunal in OA 394/2003 considered an issue relating to protection of TRCA drawn prior to transfer from Karumalloor B.O. to Maliankara P.O. in the post of EDBPM. The Tribunal has passed the following order:-

7. The applicant joined as GDS Mail Deliverer, Kanakapally B.O. on 11.07.1997 (where the TRCA is Rs 1740  2640) and on coming to know that a vacancy of GDS MD is available at Olat BO (where the TRCA is 1375  2125), he had applied for the same, as that place is proximate to the native place of the applicant. Respondents have acceded to his request and posted the applicant at Olat but took an undertaking that the applicant would be 'ready to work in the minimum salary of the present basic pay of GDS MD Olat'. The applicant joined the post at Olat on 22-08-2003 and has been paid the TRCA at the minimum of the range of TRCA 1375  2125 plus attendant dearness allowances etc. 7.1. The applicant came to know about the decision of this Tribunal in OA No. 394/2003 and as such, requested the authorities that he be also extended the benefit of the said order and his TRCA be fixed by protecting his emoluments drawn before he joined Olat. Annexure A-10 refers. However, by Annexure A 11 order, the authorities have rejected the claim stating that protection of TRCA is not admissible to those surplus G.D.S who are redeployed on their own specific request and as such the applicant is not eligible for protection of TRCA on his being posted at his request to Olat. The applicant has come in challenge against the same.

(ii) If the combination of duties is not possible, then the GDS may be brought from the second TRCA to the first TRCA by protecting the stage of the 1st TRCA. If the specific stage is not available in the lower TRCA, then he may be placed in the lowerst. Difference will be protected as personal allowance to be absorbed against future entitlement, provided that 1st TRCA and personal allowance do not exceed maximum of 1st TRCA. If on subsequent review, the workload of the post increases, then the higher stage of TRCA be restored from a prospective date which would be determined with respect to the date of completion of Triennial Review.

12. The 1998 order whereby for the first time, TRCA had been introduced talks of difference TRCA for different GDS. Again, for the same GDS (say, GDS BPM), there are two rates as under:

(1) Rs 1,280 -35-1960 For those with workload upto 3 hours. (2) Rs 1,600  40  2400 : For those with workload more than 3 hours.

13. Since the TRCA cannot be increased in respect of any ED Post Office unless the workload increases, it has to be seen whether the contention of the applicant could hold good when the constriction is that there shall be no increase in the TRCA save when there is increase in the workload. If a GDSBPM working in a particular ED Post Office which carries a TRCA of Rs 1,600  40  2400 (and where he is drawing the TRCA at the maximum of Rs 2,400/-or for that matter more than Rs 1,960/-) requests for a transfer to another ED Post Office where the TRCA is only Rs 1,280  35  1960, what should be his TRCA in case of his transfer to the new unit? Should it be in the grade of Rs 1,600  40  2,400? or Rs 1,280  35  1960? and if latter, should there be any protection of last TRCA drawn? Obviously, the person so transferred has to sacrifice the past TRCA and has to be placed at the scale of Rs 1,280  35  1,960 as this is the scale available for performing the duties in that post office and here again, he cannot be paid any amount over and above Rs 1,960/-. And since the placement of a GDS employee on request is not a "transfer" but only an "appointment" (see the clarification sought at para 2 of order dated 11-02-1997) and the same is not a mere appointment, but only a "fresh appointment", there is no scope for TRCA of the earlier unit either retained or the extent of TRCA already drawn being protected. It has necessarily to be at the minimum of the TRCA. That such a placement would be only a fresh appointment would be evident even as per the latest orders on limited transfer, vide order dated 17-07-2006 vide para 3(ii) where it is stated "Request for such transfer will be considered against the future vacancies of GDS". And, para 3(iii) stipulates, "TRCA of the new post shall be fixed after assessment of the actual workload of the post ...." This would mean that any future vacancies when in the normal circumstances would be filled by fresh appointment, would be filled up by such placement from one recruitment unit to another at the request of the GDS employee. And, in respect of TRCA, the workload shall have to be assessed and paid. As such, when the respondents oblige an individual by acceding to his request for a transfer, they are under no obligation to suffer payment of higher TRCA. Thus the logical consequence of "fresh appointment" is not only that the individual has to lose his seniority as explicitly spelt out in the order dated 11 - 02-1997 but also he cannot be better placed than any other fresh appointee and from that point of view, the TRCA cannot but be only at the minimum of the TRCA applicable to that unit.