IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 13036 of 2008(S) -------------------------- OA.443/2006 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: ------------ 1. UNION OF INDIA ,REPRESENTED BY THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM 2. THE SUPERINTENDENT OF POST OFFICES PATHANAMTHITTA DIVISION, PATHANAMTHITTA BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENTS: ------------- SEBI KURIAKOSE,S/O. K.KURIAKOSE GRAMIN DAK SEVAK MAIL CARRIER, ATHIRUMKAL POST OFFICE, PATHANAMTHITTA DIVISION REISIDING AT KENKIRETH HOUSE,KUMBAZHA PATHANAMTHITTA DISTRICT BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------------------------------------------------- Writ Petition (C) No.13036 of 2008-S -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The respondents in OA No.443/06 are the writ petitioners. The applicant therein is the respondent. Ext.P1 is the OA filed by the applicant. The relief sought in Ext.P1 was to quash Annexure A1 order, by which the claim of the applicant for monetary benefits from 11.01.2001, the date on which he was regularised in service was rejected. 2. By Annexure A2 order, the Chief Postmaster General, Kerala Circle regularly appointed the applicant as Gramin Dak Sevak Mail Carrier (GDSMC) with effect from 11.01.2001. The relevant portion of the said order reads as follows : “The petitioner submitted his representation on 30.8.04, which is the one cited No.(ii) above. I have gone through the representation carefully. Keeping in mind the directions given in the judgment of the Hon'ble CAT in the OA cited, the petitioner is found fit to get appointment as GDSMC. He has been WPC 13036/08 2 continuously working as GDS from 11.1.2001 onwards satisfactorily. The representation of the petitioner is disposed of with the direction to regularise his appointment in the post of GDSMC Athirumkal B.O. in Pathanamthitta Division.” 3. Based on the above quoted order, the competent authority issued consequential posting order to the applicant as per Annexure A3 dated 24.11.2004. When he was not granted the service benefits w.e.f. 11.01.2001, he moved the CAT and the tribunal by its order in OA No.127/06, directed the Chief Postmaster General to consider his claim. The claim was considered and rejected by Annexure A1. The relevant portion of the said order reads as follows : “The seniority of the applicant in the gradation list of GDS in Pathanamthitta Division will be with effect from 11.1.2001 and the service will be considered for promotion to the cadre of Group D/Postman w.e.f. 11.1.2001. He is not eligible for ex-gratia and annual entitlement (increment) during the period of stop gap arrangement. WPC 13036/08 3 Bonus and annual entitlement is not being paid to any candidate who serves in the department on stop gap arrangement as the extant rules on the subject do not allow any such monetary benefit to such Gramin Dak Sevaks. Only the minimum allowance due to the post is allowed and that payment has been given to the applicant. The seniority of the applicant in the division has been retrospectively fixed from 11.1.2001 on the basis of Memo No.KPSB/CAT/BB/1/2003 dated 4.11.04 issued in compliance with orders of the Hon'ble CAT dated 4.8.04 in OA No.156/03 filed by the applicant. Therefore, the extant rules do not provide any means to consider the requests of the applicant as contained in his above representation dated 17.10.2005. Thus there being no merit in the representation at Annexure A-1, I reject the same.” 4. Challenging the above quoted order and seeking all consequential benefits including arrears of salary w.e.f. 11.01.2001, the present OA was filed. The respondents in the OA, who are the writ petitioners herein, resisted application by filing Ext.P2 reply statement. The applicant filed Ext.P3 WPC 13036/08 4 rejoinder. The writ petitioners filed Ext.P4 additional reply statement. After hearing both sides, the CAT allowed the OA, directing to grant all service benefits to the applicant w.e.f. 11.01.2001. The relevant portion of the impugned order Ext.P5 reads as follows : “It is evident that the main consideration for granting regularisation was that the applicant had been continuously working from 11.1.2001 in the post satisfactorily. Consequential order regularising him was also issued at Annexure A4 dated 3.12.2004 and by virtue of this order, his seniority has been reckoned from 11.1.2001. All the averments now made by the respondents in their reply statement and additional reply statement for denying him the monetary benefits are the reasons submitted by them in the earlier OA for not granting him regularisation. The question whether he was a stop gap or a provisional employee was relevant at the time of consideration of regularisation but once the regularisation is granted after taking into account all these facts and in accordance with the rules, an order has been passed regularising him and seniority granted WPC 13036/08 5 from the date of his initial appointment, there can be no justification for denying him the benefits due to the regular employee. The reiteration of the respondents that bonus and increments cannot be paid to stop gap employees has no relevance when the applicant has ceased to be a stop gap employee from the date mentioned in Annexure A4 order. He has to be treated as a regular employee for all purposes with effect from that date mentioned in the order. Hence these arguments of the respondents are rejected. The applicant's prayer has merit and we direct that the applicant is entitled to be granted all financial benefits of regularisation including grant of increments, bonus with effect from 11.1.2001 and all such payments due to the applicant shall be paid by the respondents within a period of three months from the date of receipt of a copy of this order. OA is allowed. No order as to costs.” 5. Going by Annexure A1, it is seen that the applicant's claim for various benefits has been rejected, stating that he is not eligible for ex-gratia and annual entitlement (increment) during the period of stop gap arrangement. It is WPC 13036/08 6 further stated that bonus and annual entitlement are not being paid to any candidate, who serves in the department on stop gap arrangement. Only the minimum allowance due to the post is allowed and that payment has been given to the applicant. The CAT found that the said stand of the Chief Postmaster General is totally irrelevant. With the regularisation of the applicant w.e.f. 11.01.2001, he is no longer a GDS appointed on stop gap arrangement. So the ineligibility of GDS engaged on stop gap arrangement cannot be pressed into service to deny the benefits to the applicant, who became a regular GDS w.e.f. 11.01.2001. Therefore, the CAT has rightly interfered with the said stand of the Chief Postmaster General, who is representing the 1st respondent Union of India, in the OA. We agree with the reasons and conclusions of the CAT. As no grounds have been made out warranting interference with Ext.P5, the Writ Petition is dismissed in limine. K.BALAKRISHNAN NAIR,JUDGE 26.05.2008 M.C.HARI RANI, JUDGE WPC 13036/08 7 sta WPC 13036/08 8