Seniors in postal service are entitled to financial upgradation under TBOP/BCR schemes retroactively to junior's upgrade date, despite previous misinterpretations of departmental guidelines.

ORDER

Per: Hon’ble Suchitto Kumar Das, Administrative Member

The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act , 1985 praying for the following relief:

“a. An order holding that the denial of benefits of TBOP/BCR Schemes and consequent stepping up of pay to the applicants at par with their erstwhile junior Sri Arunech Chandra Ghosh, Ex-PA, Howrah Head Post Office is unjustified and illegal.

b. An order quashing and/or setting aside the communication dated 26.07.2021.

c. An order holding that the applicants are entitled to the benefits of stepping up of pay by way of benefits under TBOP/BCR Schemes at par with their erstwhile junior Sri Arunesh Chandra Ghosh, Ex-PA, Howrah Head Office with all consequential benefits.

d. An order directing the respondents to grant the benefits of stepping up of pay to the applicants at par with their erstwhile junior Sri Arunesh Chandra Ghosh, Ex-PA, Howrah Head Office who got the higher pay than that of the applicants due to extension of benefits of TBOP/BCR prior to the applicants and further directing the respondents to grant all consequential benefits to the applicants.

e. An order directing the respondents to produce/ cause production of all relevant records.

f. Any other order or further order/orders as to this Hon’ble Tribunal may seem fit and proper .”

2. For the sake of clarity, facts in the case are delineated and discussed hereinunder :-

Applicants or their father belonged to Clerical Cadre of Postal Department and became Postal Assistants (PA) in the Department of Posts.

It is the case of the applicants that they got the benefits of Time Bound One Promotion/ Biennial Cadre Review (TBOP/BCR) Schemes on completion of 16/26 years of service but their erstwhile junior Arunesh Chandra Ghosh, Ex-PA, Howrah Head Office got such benefits prior to the applicants and in view of the Directorate’s letters dated 10.03.2017 and 08.05.2017, the applicants became entitled to the benefits of stepping up of pay by way of TBOP/BCR benefits at par with their erstwhile junior Arunesh Chandra Ghosh for which the applicants have made representations but the claim of the applicants have been rejected by a communication dated 26.07.2021. Hence, this OA.

3. Learned Counsel for the applicants submits that earlier the Postal Department decided to extend the benefits of TBOP/BCR Schemes to the employees from the dates their juniors were granted such benefits due to completion of 16 years and 26 years of service irrespective of the fact whether the seniors completed the said requisite years of service but the said benefits were withdrawn in the year 2000 in view of a Department of Posts’ order dated 17.05.2000. Assailing the said decision of 2000, an Original Application was filed being OA no. 1148/2003 which was disposed of by order dated 16.08.2004 by directing the respondent to consider the prayer of the applicants and review the impugned order dated 20.09.2000 and the order dated 17.05.2000 upon which it is based in the light of the judgment of the H3.o1n’ble Supreme Court dated 09.10.2002.

3.1 Learned Counsel for the applicants submits that the said order of the Tribunal dated 16.08.2004 was challenged upto Hon’ble Supreme Court and the SLP being dismissed by the Hon’ble Supreme Court, the said order was implemented. On similar issues several cases were filed before this Tribunal and decision in one of such cases being OA no. 877/2004 is annexed to the application. Thereafter many other cases were decided and finally in view of the order of the Hon’ble Supreme Court dated 13.02.2017, the Department of Posts has withdrawn the instruction dated 17.05.2000 and earlier decisions to grant benefits of TBOP/BCR Schemes to the seniors were revived by a lette