CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH, JODHPUR Original Application No. 290/00160/2018 Reserved on : 02.04.2025 Date of Pronouncement: 23.04.2025 CORAM HON’BLE Mr JUSTICE RAMESHWAR VYAS, MEMBER (J)

HON’BLE Dr AMIT SAHAI, MEMBER (A)

Shanti Lal Sharma S/o Late Shri Mangi Lal Sharma, aged about 58 years, R/o Sando Ki Pole, Sevako Ka Mahalla, Merta City, District Nagaur. [Office address:- Working as SPM KUM Merta (Postal Department)]

......Applicant By Advocate :Ms Shivani Singh proxy counsel for Mr S.P. Singh.

Versus

1. Union of India through the Secretary, Govt. of India, Ministry of Communication, Deptt. of Post, Dak Tar Bhawan, New Delhi.

2. Chief Postmaster General, Rajasthan Circle, Jaipur.

3. Director of Postal Services, O/o Postmaster General, Western Region, Jodhpur.

4. Superintendent of Post Offices, Nagaur Division, Nagaur.

......Respondents By Advocate : K.S. Yadav.

ORDER Per : Hon’ble Mr Justice Rameshwar Vyas In the instant OA, the applicant has challenged communication dated 02.11.2017 (Annex. A/1), whereby, appointment of the applicant on the post of Postal Assistant (PA) through Limited Departmental Competitive Examination (LDCE) was treated offset against promotion for the purpose of grant of upgradation under Modified Assured Career Progression Scheme (MACPS) and taking into account the same, the claim for financial upgradation under MACPS in the grade pay of Rs 4600/- has been denied.

2. The facts necessary to adjudicate these OAs are as under:-

“2.1 The applicant was initially appointed as Postman on 25.04.1987. After clearing LDCE conducted for the post of Postal Assistant (PA), he was appointed as PA on 17.06.1991. Thereafter, the applicant was granted financial upgradation under TBOP Scheme on 04.07.2007 and 3^rd financial upgradation under MACPS in the grade pay of Rs 4200/-

w.e.f. 11.05.2017.

2.2 It is the case of the applicant that for granting the benefits of financial upgradation under MACPS, his services should be counted from the date of appointment in the PA cadre, since appointment in the PA cadre is a direct recruitment and not the promotion from the post of Postman.

2.3 The applicant has based his claim upon the judgment passed by the Division Bench of this Tribunal in the matter of Bhanwar Lal Regar v. Union of India & Ors in OA No. 382/2010 along with other connected matters decided on 22.05.2012. The judgment passed by this Tribunal in ^{Bhanwar Lal Regar’s} case was challenged by the Union of India before the High Court of Judicature for Rajasthan at Jodhpur in D.B.C.W.P. No. 11336/2012. The said writ petition was dismissed by the Hon’ble High Court by passing a common order in D.B.C.W.P. No. 11709/2013 [^{Union of India & Ors v. Har Govind Sharma}] & 22 other batch writ petitions, including the writ petition filed in

Bhanwar Lal Regar’s case & Teja Ram Nawal’s case referred herein.

2.4 On the contrary, it is the case of the respondents that the applicant was promoted to the post of PA against promotional quota through LDCE, therefore, no illegality was committed by the respondents in treating it as promotion for the purpose of financial upgradation under MACPS. The applicant has been granted due 2^nd & 3^rd financial benefits under TBOP and MACPS Scheme respectively as per extant rules.

3. Heard learned counsel for the parties and perused the material available on record.

4. Learned counsel for the respondents submits that the legal issue involved in this OA is no more res integra. This Tribunal, in identical case, OA No. 231/2018 & connected OAs [^{Jhunta Ram v. Union of India & Ors}] decided on 19.12.2023, has already settled the issue.

5. Learned proxy counsel for the applicant has not denied the contention raised by learned counsel for the respondents. She, however, argued that appointment of the applicant in the PA cadre is direct through departmental examination.

6. Having regard to the submissions made by learned counsel for the respondents and material available on record, the question involved for consider