All similarly situated individuals in service matters must be treated alike, and past services should be recognized for benefits as established by prior judicial decisions.

ORDER

By Justice Rajiv Joshi, Member (Judicial):-

Heard Shri B.N. Singh, learned counsel for the applicants and Shri Mahendra Prasad , learned counsel for the respondents at the time of hearing.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed by the applicants, who are 10 in numbers for the following reliefs:

(i) To issue a suitable order or direction to call for record and direct the respondents to count their services rendered as Reserve Trained Pool for purpose of granting the financial up gradation under time bound one promotion scheme and the modified assured career progression scheme the past service since initial appointment w.e.f. 08.02.1983 for purpose of pension and all other consequential benefits including seniority and pay fixation (DCRG, leave incashment, pay fixation, seniority, revised pension) and same shall be paid 12 % interest on the entire sum from the due date. ;

(ii) to issue a suitable order or direction to the respondents to count service since initial appointment for benefit of TBOP after complete of 16 years service and pay in higher scale.

(iii) To issue a suitable order or direction to the respondents to count the service since initial appointment for purpose of benefit of MACP.

(iv) to issue a suitable order or direction to pay the same salary and emoluments per mensem as are being received by postal assistant with effect from the date of their appointment and pay arrears.

(v) to pass such other and further order as this Hon’b le Tribunal may deem fit and proper in the facts and circumstances of the case.

3. The brief facts as stated in the Original Application is that the applicants participated a selection process during the existence of a Scheme call as Reserve Trained Pool (hereinafter referred as RTP Scheme). The applicants were selected for the post of Reserve Trained Pool Postal Assistant. The appointment of the applicants were made as provisional basis and as such, the applicants completed all the required conditions as per Notification dated 13.10.1982 and after verification, they joined as Postal Assistant vide order dated 08.02.1983. The applicant also completed training. Subsequently, all the applicants were regularized as Postal Assistant on different dates between 1988 to 1989. However, their services as RTP before regularization, have not been counted by the respondents for any service benefits including career progression.

3.1 The applicants were superannuated from services after attaining the age of superannuation on different dates from Varanasi West Division from the post of Postal Assistant and other posts, but their initial services as RTP prior to regularization have not been counted for service benefits. Some similarly situated persons approached the various Bench of this Tribunal from time to time and the Tribunal has allowed the claim of similar situated persons in those Original Applications. The applicants also represented before the respondents, but no heed was paid. Hence, this Original Application has been filed.

4. On the other hand, counter reply was filed on 03.04.2025, wherein it has been stated that all the applicants were initially recruited as RTP in Postal Department vide Memo dated 08.02.1983. They were allotted to Varanasi West Division and subsequently, regularized on 31.03.1993 vide memo No. B-2/61 of SPOs Varanasi West Division. It is very pertinent to mention here that Department vide letter no. 60/36/80-SPB-II dated 30.10.1980 had introduced RTP scheme for Postal Assistant and Sorting Assistant in Postal and RMS Divisions with a view to ensure smooth flow of work in operative offices, which at times was hampered due to absence