CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH (CIRCUIT BENCH AT VIJAYAWADA)

OA/20/760/2018 HYDERABAD, this the 17^th day of June, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member K. Dyvaseervadam, S/o. late K. Devadanam, Aged 63 years, Group 'c'cadre, R/o. No.2/140D-2, Kranthi Nagar, Yerraguntia-516309, Kadapa District.

.... Applicant (By Advocate : Mr. P. Venkata Rama Sarma)

Vs.

1 The Union of India rep., by its Secretary, Ministry of Information Technology and Communication, Department of Posts, Dak Bhavan, Parliament Street, New Delhi.

2. The Director General, Department of Posts, Dak Bhavan, Parliament Street, New Delhi.

3. The Chief Postmaster General, A.P. Circle, Vijayawada-520013.

4. The Postmaster General, Kurnool Region, Kurnool-518002.

5. The Superintendent of Post Offices, Proddutur Division, Proddutur-516360, Kadapa District.

... Respondents (By Advocate: Mr. D. Satyaveer, Sr. PC for CG)

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ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this OA, the applicant is seeking the following relief(s):-

“to declare the proceedings No.CI/KD/15-16 dt.2-6-2017 of the 5th Respondent and No.AC/Pen/KNL/Vol.II/2016 dt. 10-4-2018 of the 3rd Respondent as illegal, arbitrary, bad in law, illogical, unlawful, contrary to the provisions of Fundamental Rules, and violative of Art. 14 and 21 of the Constitution of India and consequently by setting aside the same, direct the Respondents to fix his pay at Rs. 1390/- and after completion of his punishment, fix his pay at Rs.4800/- in the revised pay scale of Rs.4500-125-7000 as per the CCS (Revised Pay) Scales, 1997, further pay fixation as per CCS (Revised Pay) Scales, 2008 including his pension and retiral benefits basing on revised pay with all consequential retiral and attendant benefits together with interest;

and pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The brief facts of the case are that the applicant submits that he joined the Respondents service as Group-D employee w.e.t.13-10-1976 under compassionate grounds and upon successful completion of Limited Departmental Competition Examination, he was promoted as Postal Assistant w.e.f. 1-8-1981. On completion of 16 years and 26 years w.e.f. 01-8-1981, he was granted one upgradation each on 6-8-1997 and 1-1-2008 under the Time Bound One Promotion (TBOP) and Biennial Cadre Review (BCR) respectively. On reaching the age of superannuation, the applicant retired from service w.e.f. 31-5-2015. The applicant, while in service he was proceeded with departmental proceedings by issuing charge sheet and later by proceedings dt. 31-3-1995 of the 5^th respondent, punishment of reduction by 5 stages from Rs.1330 to Rs.1180 in the time scale of Rs.975-25-1150-EB-30-

1660 for a period of three years with effect from 1-4-1995 was imposed on him. The 5th respondent further ordered that, the applicant will not earn increments of pay during the period of reduction and on expiry of this period, the reduction will not have effect of postponing of his future increments of pay. The applicant preferred appeal against the said punishment on 11-11- 1996 to the 4th Respondent, who, vide proceedings dt.24-7-1997, modified the said punishment to that of reduction by three stages from Rs. 1330/- to Rs.1240/- for a period of two years w.e.f. 01-4-1995 and further ordered that, he will earn increments of pay during the period of reduction and on the expiry of the said punishment, the reduction will not have the effect of postponing of his future increments of pay. Thus, the period of punishment was over by 31-3-1997 and the increments were also restored. As per the appellate authority's order, he would earn increments of pay during the period of reduction and on expiry of this period, the reduction would not have an effect of postponing his future increments of pay and as per this, his pay ought to have been fixed in the old sc