BANGALORE CAT JUDGEMENT
The CAT Bangalore ordered that the
Postman/Mailguard appointed prior to 1-1-2006 their Pay Scales also should be
fixed as the Minimum entry Pay Scales not by multiple of 1.86. CLICK HERE FOR DETAILS
JODHPUR HIGH COURT JUDGEMENT
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
…..
D. B. CIVIL WRIT PETITION NO. 11336/2012
PETITIONERS:
1. Union
of India through the Secretary. Government of India, Ministry of Communication,
Department of Posts, Dak Tar Bhawan, New
Delhi.
2. Chief
Postmaster General, Rajasthan Circle, Jaipur-302007.
3. Director,
Post Master General, Western Region, Jodhpur.
4. Superintendent
of Post Offices, Churu Division, Churu
VERSUS
RESPONDENT
Bhanwar Lal Regar S/o Shri Ghasi Ram Regar Resident of Regar
Basti Ward No. 38. Tehsi Churu District Churu (Official Address Working of SPM
Bagla School Road Post office at Churu in Postal Department.
D. B. Civil Writ Petition Under Article 226 & 227 of the
constitution of India.
AND
In the Matter of Order dated 22.05.2012 passed by the
Central administrative tribunal Jodhpur bench Jodhpur in original application
No. 382/2011 Bhanwar Lal Regar V/S Union of India & ORS. Whereby the
learned Tribunal has allowed the original application filed by the
respondent/applicant quashing the order under challenge in the original
application.
PRESENT
HON’BLE MR. JUSTICE GOVIND MATHUR HON’BLE MISS JUSTICE JAISHREE
THAKUR
Mr. A. K. Rajvanshy, Assistant Solicitor General of India
for union of India
Dr. P. S. Bhati
Mr. S. P. Singh for
the respondents.
Ms. Shanno Rizvi
BY THE COURT:
This batch of writ petitions is preferred to question
correctness of the judgment passed by the Central Administrative Tribunal,
Jodhpur Bench, Jodhpur in different original applications, however, looking to
the similar nature of dispute, all the cases were heard together and are being
disposed of by this common order.
Briefly stated, facts necessary to be noticed for
adjudication of these petition for writ are that the respondent original
applicants entered in services of the respondents being appointed as mail
Guard/Extra Departmental Agents/Gram Dak Sewaks, while serving on the post
aforesaid they faced process of selection for appointment to the post of
sorting Assistants/Postmen. On being selected, appointments were accorded to
them by the competent authorities, after completing necessary tenure of service
time bound one time financial upgradation was allowed to them as per the
assured career progression scheme. The assured career progression scheme was
modified on 1.9.2008 and as per that the financial upgradation was made
admissible whenever a person completes ten years continuous service in the same
grade pay, the second upgradation may also be given after completion of ten
years of regular service from the date of first financial upgradation.
Similarly, the third upgradation is required to be given on completion of ten
years regular service from the date of second financial upgradation. The
respondents by treating the date of appointment on the post of Postal
Assistant/Sorting Assistant as the date of initial appointment allowed first
and second financial upgradation. Subsequent thereto the second financial
upgrdation awarded as per modified assured career progression scheme was
ordered to be withdrawn by treating appointment to the post of Postman/Sorting
Assistant a promotion. Being aggrieved by the same the respondent original
applicants approached the Central Administrative Tribunal, Jodhpur Bench,
Jodhpur and the Tribunal accepted the applications by arriving at the
conclusion that the appointment to the post of Postman/Sorting Assistant was
not a promotion but direct recruitment through limited competition.
In these petitions for writ the argument advanced on behalf
of the writ petitioners is that the respondent applicants were recruited and
appointed as Group-D employees and thereafter by way of promotion appointments
were given to them as Postmen/Sorting Assistants. The date of appointment as
such was the date on which they were appointed as mail Guard/Extra Departmental
Agents/Gram Dak Sewaks and thereafter promotion was accorded to them on the
next higher post, as such their term of stagnation in one grade pay is required
to be determined accordingly. No other contention except the above is addressed
before us.
Having considered the argument advanced we do not find any
merit with the same. Learned counsel appearing on behalf of the appellant on
asking again and again failed to point out any provision for promotion to the
post of postman/Sorting Assistant. On the other hand, from perusal of the
orders of appointment to the post of Postal Assistant. Sorting Assistant, it is
apparent that the respondent original applicants faced an examination. May that
be a limited competitive examination i.e.
nothing but direct recruitment. Their joining as Postal Assistants was
not at all in the nature of promotion. hence their services for the grant of
benefits under modified assured career progression has to be counted only from
the date they were appointed as Postal Assistants/Sorting Assistants. The
services rendered by them on earlier post prior to their appointment as Postal
Assistant/Sorting Assistants are absolutely inconsequential for the purpose of
grant of modified assured career progression. At the cost of repetition it
shall be appropriate to mention that the petitioners failed to point out any
provision for appointment to the post of Postal Assistant/Sorting Assistant by
way of promotion and to point out any order of appointment making appointment
of the original applicants on the post concerned by way of promotion.
The writ petition, thus, are having no merit hence
dismissed. The orders passed by the Central Administrative Tribunal, Jodhpur
Bench, Jodhpur in respective original applications stand affirmed.
Sd/- Sd/-
(Jaishree Thakur), J. (Govind
Mathur). J
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