A Badusha Maideen vs M/O Communications on 28 November, 2023
Postmaster/Assistant Sub-Postmaster, (BCR SPM). They
were granted TBOP & BCR accordingly. The Postal
Assistant is the feeder cadre to the next higher grade of
LSG, HSG-II & HSG-1. After Introduction of the TBOP &
BCR scheme, the Postal Department kept in abeyance in
giving promotion to the eligible officials to the cadre of
LSG because the pay of the cadre of TROP & LSG is one
and the same. The pay for the BCR & HSG-II is one and
the same and these facts have not been denied by the
respondents in their counter affidavit. It is to be noted that
the promotion to the cadre of LSG was kept in abeyance by
the department for a very long time. Therefore, the BCR
'eh
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officials having three years experience were posted to work
as HSG-I In the promotional cadre vide letter dated
05.07.2004 and 20.11.2006 respectively and thereafter the
minimum requirement of three years service is reduced. It is
very clear from the letter dated 20.11.2006 that the
BCR/LSG officials were posted in the promotional cadre of
HSG-I on adhoc basis till recruitment rules were notified to
the cadre of HSG-I. Therefore, the services rendered in the
capacity of BCR is equivalent to HSG-IIl. Hence the
applicants are also entitled to advance the BCR benefits on
completion of 26 years of service in the light of the
judgment rendered by this Hon. Tribunal in the matter of K.
Perumal & another Vs. UOI in OA 67/2003 decided on
19.03.2004. The order passed by this Tribunal in the said
case has been upheld by the Hon'ble High court of Madras
"in WP 27062/2004 and the same has attained finality. The
applicants also relied upon the order passed by the Cuttack
Bench of CAT in OA 1194/2004 & 1213 to 1221/2004. It is
to be noted that while considering the issue in respect of the
claim of the applicants therein, the Cuttack Bench of this
Tribunal considered the judgment passed by this Tribunal as
well as the judgments passed by the Principal bench and
categorically stated as under: