High Court of Bombay in its Order, dated 11-06-2010 Treating RTPs with all consequential benefits including seniority and pay fixation

Employees recruited as Postal Assistant in Reserve Trainee Pool Scheme(RTPS) of Postal Department are entitled to be paid the same salary and emoluments per mensem as are being reserved by the Postal Assistant wef the date of their appointment other benefits are subject to their regular absorption in the Postal Department.

Facts: There are 9 Applicants who are Postal Assistant in the Reserve Trainee Pool of Postal Department earlier, they filled an O.A. which was disposed by the Tribunal with a direction to the Respondents to grant the Applicants benefit of regularization, seniority, pay scale, etc. from the initial date they were appointed as P.A. under the reserve Trainee Pool Scheme. That order was passed on the basis of earlier order of Jabalpur Bench of the Tribunal in O.A. NO.82 of 1986,dated 16-12-1986.That order was challenged in High Court which remitted the case back to Tribunal to give separate reasons for regularization ,seniority and salary from the date of their appointment under the Pool Scheme. In view of the above, the earlier order of the Tribunal was reconsidered in the review. But the Applicants were not present. Respondents were heard.

All the nine applicants were appointed as P.A. under the RTP Scheme in 1980.That scheme was withdrawn in 1986. But before that some RTP persons approached the Jabalpur Bench of the Tribunal by the filing T.A. No. 82 of 1986 for the relief which as allowed. That TA was disposed of by Jabalpur Bench. The important point to be noted in the order at para.13 concisely are; (i) To review the policy to stop recruitment/ absorption of person against regular Postal Assistant(ii) None are inducted as P.A. from other wing of Postal Department till the petitioners therein are absorbed against regular posts(iii) No fresh appointment of RTP are made till the policy of recruitment is reserved (iv) The cases of the applicants are considered for absorption on the basis of Circular, dated 30.10.1980 by forming a Screening Committee. Further it was held to keep parity of the RTPs with Postal Assistant in regular posts in regards to salary, etc. The Provision of Circular, dated 30.10.1980 in so far it relates to payment of hourly rates of wages to employees in RTP is discriminatory and violative of Articles 14 and 16 of the constitution. RTP are to be paid the same salary and allowances as was given to Postal Assistants. This order is subject to regular absorption of those RTPs.

The above orders when challenged it was dismissed by Supreme Court also.

The main oreder in T.A. NO.82 of 1986 filed in Jabalpur Bench is the direction of the respondents to treat the Applicants(RTPs) as regular Postal Assistant form the date of their appointment as RTP with all consequential benefits of seniority, pay fixation. They are allowed monetary benefits from the date of filing this O.A.

The Tribunal reconsidered their earlier orders. The Jabalpur Bench in T.A. No.82 of 1986 granted salary and emoluments to be paid to RTPs same as regular P.A. from the date of their appointment. But the Bombay Bench in respect of 9 Applicants herein to treat them as P.A. from the date of their appointment under RTP Scheme with all consequential benefits including seniority and pay fixation. To this extent there is a contradiction in the order of the Bombay Bench.

The Appointment of RTPs herein appointed long back is not disputed. Evidently all the Applicants herein were granted all the consequential benefits from the date of absorption, admitting that the Applicants herein are placed similar to Applicants in O.A. No.82 of 1986.With the above details, the reconsideration of these case as ordered by the High Court of Bombay in its Order, dated 11-06-2010, these OAs are allowed by directing the Respondents to extend the present nine Applicants same relief as granted to the Applicant in T.A. No.82 of 1986 decided by Jaballpur Bench on 16-12-1986 and upheld by Supreme Court by Order, dated 11-05-1988 by dismissing the SLP No. 11313 of 1987 preferred by Union of India against the order of Jabalpur Bench of Tribunal.

Thus all nine OAs are partly allowed in the terms of the above direction.

Courtesy:- Swamys news August 2011