Inordinate delay and laches bar service claims for retrospective regularization and financial benefits after decades, as equity aids the vigilant not indolent; prior representations do not revive stale causes affecting third-party rights.

ORDER

PRAMOD KUMAR DAS, MEMBER (A):

Applicants have filed this OA praying for a direction to the respondents to regularize their services from the date of their initial appointment, i.e. rendered as RTP period, for the purpose of granting the financial upgradation under TBOP & MACP Scheme in view of the order of the CAT, Hyderabad Bench dated 15.04.2015 in OA Nos. 779 and 780 of 2013.

2. The case of the applicants is that they were duly selected on regular selection process and joined as Postal Assistant under Reserve Trained Pool candidates in Dhenkanal Division in 1983/1985 and their services were regularized w.e.f. December 1983/1986. It is submitted by Ld. Counsel for the applicant several similarly situated employees to that of the applicants approached various Benches of this Tribunal, including Jabalpur Bench in TA 82/1986, Bombay Bench in OA Nos. 719 and 727 of 1996, CAT, Hyderabad Bench in OA Nos. 779 and 780 of 2013. It is stated that CAT, Hyderabad Bench already directed to regularize the services of the applicants therein from the date of their initial appointment as Sorting Assistant/Postal Assistant with all consequential benefits with further direction to count their services rendered as RTP for the purpose of granting the financial upgradation under TBOP and MACP Scheme. It is submitted by Ld. Counsel for the applicants that ventilating their grievance, they preferred representation on 13.07.2015 and, thereafter, on 29.03.2019 and, having received no response, have filed this OA, along with MA 697/2020 seeking condonation of de lay in approaching this Bench, praying for the aforesaid relief.

3. Respondents, by filing their counter, have contested the case of the applicants inter alia stating that applicants were appointed under RTP Scheme as PA/SA during the period 1980 to 1986. The reserved candidates were also to be imparted training for subsequent absorption in regular vacancies as per their turn and till such time they were utilized as short duty staff on hourly rate of pay to a maximum of eight hours per day against any exigency and, hence, the short duty service rendered by them on hourly wages under RTP Scheme cannot be calculated for grant of service benefits like promotions and financial upgradations in accordance with departmental rules and guidelines. Their regular absorption in the department against vacancies occurring subsequently would be based on their merit position and, hence, they cannot be treated at par with regular employees to get the service benefits for the said period they have worked as Reserved Trained Pool. It is submitted by Ld. Counsel for the respondents that similar Beenaya Kumar Pemrapdlohyaene s& hOards Vfisle UdO OI A& ONros. 534 of 2019 [ ] before this Bench and this Bench vide order dated 07.12.2023 dismissed the said OA on the ground of delay and laches. It is stated that this case being the one and the same, it also suffers from the delay and hence is lia ble to be dismissed on the ground of delay and laches.

4. We have heard Ld. Counsel for both the parties and have gone through the materials placed on records so also the order of this Bench in OA No. 534 of 2019. We find that in the said OA also, the applicants had submitted representation in 2018 and, thereafter, on 19.03.2019 praying to revisit the benefit of TBOP and MACP by taking into consideration their services since the date when they were taken under Reserved Trained Pool (RTP)/training instead of their date of regularization by following the decision of Hon’ble High Court of A.P. and Telengana and alleging no action had filed the OA praying “to direct the respondents to extend the similar benefit as extended to othe