Impugned cryptic order quashed due to contradictions; fresh speaking order directed on TRCA fixation appeal.

ORDER

(Pronounced by Hon'ble Mr. Varun Sindhu Kul Kaumudi, Member(A))

This OA has been filed by the applicant seeking the following relief:-

“i. To call for the records of the 4th respondent pertaining to the impugned order No.A-2/TRCA dated 04.11.2013 and set aside the same as illegal.

ii. To direct the respondents 1 to 4, to fix the TRCA and allowances as per Government Order OM No. 14-2/99, PAP Vol II dated 05.02.2000 and sanction the arrears of Rs.63,738/ due for the period from 01.03.1998 to 31.03.2004 and Rs. 15,458/ due for the period from 01.04.2004 to 31.12.2005 and to fix the basic TRCA from 01.01.2006 at Rs. 5,360

iii. To pay the arrears of Re-fixation within a stipulated time and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper and thus render justice.”

2. The facts of the case, as submitted by the Applicant, are as follows, in brief:-

2.1. The applicant was appointed as EDBPM (Extra Departmental Branch Post Master) on 14.04.1988. On 24.04.1989, his appointment was made permanent. The post of EDBPM is a non-promotional post and only pay revision will be given by way of Time Related Continuity Allowance (TRCA). As per the Government of India letter, Vide DTE lr.No.26-1/98-P & CD Cell, dated 17.12.1998, the basic monthly allowance was increased by a factor of 3.25 and the TRCA was fixed with effect from the 1^st March, 1998. This Government Order was implemented for the applicant. The Government of India, vide OM.No. 14-2/99 PAP Vol II, dated 05.05.2000, ordered revision of allowance of the EDA's. As per the G.O., the TRCA of the applicant ought to have been fixed at Rs.2400/-, from 01.03.1998 to 31.03.2004. But Rs.22 for DA and Rs.139/ for the personal pay was erroneously fixed. Since the order, dated 05.05.2000, was not implemented properly, the subsequent Government Order, dated 05.09.2005, was also not implemented appropriately. Hence, the applicant's TRCA from 01.04.2004 to 31.05.2005 and from 01.01.2006 was also fixed much below the amount fixed by the order of the Government of India. The applicant has suffered cumulative loss in pay fixation. The applicant made a detailed representation, dated 19.12.2009, to the 4th respondent, but it was not answered for more than 4 years. After many reminders, finally, on 4.11.2013, the 4th respondent rejected the applicant's representation, by way of the impugned order. The applicant has made the appeal, dated 10.12.2013, but no order was passed on the appeal, till date. Aggrieved, the applicant has filed this OA.

3.1. The respondents have filed a reply statement opposing the relief prayed for by the applicant. It is submitted that the Applicant was appointed as EDBPM, Narippaiyur BO account with Kannirajapuram SO, with effect from 24.04.89. The applicant was drawing a monthly allowance of Rs.535/- as on 01.03.1998.

3.2. As per Directorate Lr.no.26-1/98-PC & ED Cell, dtd. 17.12.98, the recommendations of Justice Talwar Committee on EDAs had been implemented, with effect from 01.03.1998. The monthly allowance paid to the EDAs was termed as "Time Related Continuity Allowance" and the allowances of the EDAS were fixed at the minimum of the Time Related Continuity Allowance. If the allowance fixed by a factor of 3.25 is above the minimum of the TRCA, the difference will be protected as personal allowance to be absorbed against future entitlements of the EDAs. However, for the period from 01.01.1996 to 28.02.1998, the basic monthly allowance was increased by a factor of 3.25 and the arrears were paid to all EDAs. As per Directorate's Ir.no.26-1/98-PC & ED Cell, dtd. 17.12.98 (Annexure-R1), the TRCA of the applicant was fixed in the scale of 1600-40-2400 as the applicant