CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 355 OF 2021 Reserved on :17.12.2025 Pronounced on :18.12.2025 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Sri Muralidhar Naik, aged about 57 years, son of Late Mohan Charan Naik, at present working as Supervisor, Khurda HO, Khurda 752055, District Khurda.

2. Sri Sahadeb Munda, aged about 58 years, Son of Late Lochan Munda at present working as Supervisor (SBCO), Head Post Office, Rairangpur

757043, District Mayurbhanj.

3. Sri Mangal Munda, aged about 59 years, son of late Pradhan Munda, at present working as Supervisor (SBCO), Keonjhar, HO 758001, District Keonjhar.

4. Sri Faturam Marndi, aged about 58 years, son of Late Sitanath Marndi, at present working as Supervisor (SBCO), Baripada HO 757001, District Mayurbhanj.

5. Sri Baishnab Charan Mahanta, aged about 59 years, son of late Shiba Prasad Mahanta at present working as Supervisor (SBCO) in Rourkela HO – 769001, District Sundargarh.

……Applicants VERSUS

1. Union of India represented through its Secretary, Department of Posts, Govt. of India, At Dak Bhawan, Sansad Marg, New Delhi 110001.

2. The Chief Postmaster General, Odisha Circle, At Sachivalaya Marg, PS Kharvela Nagar, PO Bhubaneswar 751001, Dist Khurda, Odisha.

3. The Director of Accoun2t s (Postal), At Mahanadi Vihar, PO Nayabazar PS Chauliaganj, Dist Cuttack Odisha PIN 753004.

……Respondents For the applicant : Mr. T Rath, counsel For the respondents: Mr. J K Nayak, counsel O R D E R Hon’ble Mr.Sudhi Ranjan Mishra, J.M.

The applicants challenging orders relating to withdrawal or financial upgradations and subsequent recovery have filed this OA praying for following reliefs:

a) To quash the order under Annexure A/19, A/22, A/23 and A/24./ And b) To direct the respondents to restore/grant financial upgradations to the applicants under TBOP scheme after completion of 16 years of service & under BCR scheme after completion of 26 years of service from the dates from which their juniors are granted such financial up gradation. And c) To direct the respondents to revise/refix/restore the pay of all the applicants and consequently revise the pay and to refund to all the applicants the amount of excess amounts recovered/withheld from them from their salary/retirement gratuities etc. And d) To pass any other order(s)/direction(s) as may be deemed fit and proper in the bonafide interest of justice.

2. The facts of the case as inter alia averred by the applicants in the OA is that all of them had joined the respondent department as Lower Division Clerk (LDCs) in the Saving Bank Control Organisation (SBCO) of different Head Post Offices during the period from July 1982 to February 1984. It is submitted that in pursuance to decisions of various Benches of this Tribunal, Hon’ble High Courts and Hon’ble Apex Court, the CPMG Odisha Circle Bhubaneswar vide his memo dated 21.11.2017 granted financial upgradation to 100 officials of SBCO including all the applicants under BCR scheme w.e.f. 01.07.1995 in the pre-revised scale of pay of Rs. 5000-150-8000 at par with their junior Sri Dinabandhu Saran. It is submitted that further 51 persons were granted financial upgradations under TBOP scheme w.e.f. 01.08.1991 onwards with reference to their junior Sri Dinabandhu Saran but the applicants even though senior were not granted financial upgradation under TBOP scheme. It is submitted that Department of Post vide letter dated 14.06.2018 issued a clarification that the cases of Sri Dinabandhu Saran was similar to a Rule 38 of P&T Manual and then the CPMG, Odisha Circle, Bhubaneswar vide 4o rder dated 31.12.2020 withdrew the financial upgradations granted on 21.11.2017 and in the said order it was also ordered that arrears whatever paid shall not be recovered until receipt of clarification from Directorate. It is submitted that such order of withdrawal was issued after three years without giving any show cause to the applicants. Thereafter the applicants had