MOHAMMAD RAFIQ, J. - (1.) ALL these writ petitions have been filed by the petitioners, Union of India through its Secretary to the Government of India, Department of Posts, Ministry of Communication and Information Technology, New Delhi, Chief Post Master General, Rajasthan Circle, Jaipur; Superintendent of Post Offices, Bharatpur Postal Division, Bharatpur and Assistant Superintendent of Post Offices, Bharatpur Sub Division, Bharatpur challenging the order dated 18.04.2011 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur(hereinafter referred to as 'the Tribunal') whereby Original Applications filed by the respondents -applicants have been disposed of in their favour. The respondents -applicants approached the Tribunal by filing Original Applications inter alia with the prayer that the petitioners -non -applicants be directed not to reduce their allowances and they be allowed to draw allowance with yearly increment as being drawn by them.
(2.) SINCE the question of law involved in all these writ petitions and the facts of the case are identical and the petitioners have challenged common order passed by the Tribunal, therefore, all these writ petitions are being decided by this common order and for convenience, facts of D.B. Civil Writ Petition No. 2525/2012(Union of India and Others Vs. Prakash Chand Tiwari) are being taken as leading case.
(3.) FACTS of the case are that the respondent -applicant was appointed on the post of Extra Departmental Mail Carrier and thereafter posted as Extra Departmental Stamp Vender vide memo dated 03.01.1986. That post was later on re -designated as Gramin Dak Sevak, Bharatpur City Post Office. In the year 1998, the petitioners -department re -fixed the allowances in the name of Time Related Continuity Allowance(for short 'TRCA') for different categories and the respondent -applicant was allowed scale of Rs. 1740 -30 -2640 and continued to draw the same up to September, 2004 at the stage of Rs. 1890/ - with yearly increase of Rs. 30/ -. It was at that stage that the post of Gramin Dak Sevak Vender, Bharatpur City Post Office, Bharatpur, where the respondent -applicant was posted was declared surplus vide memo dated 28.09.2014 issued by Petitioner No. 3, Superintendent of Post Offices, Bharatpur Postal Division, Bharatpur. Petitioner No. 4, Assistant Superintendent of Post Offices, Bharatpur Sub Division, Bharatpur issued the consequential order for posting of the respondent -applicant as Gramin Dak Sevak Mail Carrier Sewar Sub Post Office vide memo dated 27.09.2004. At that time the respondent -applicant was drawing pay of Rs. 1890/ - plus D.A. The respondent -applicant, on being declared surplus, joined at new place of posting on 27.09.2004, but from the earlier post being surplus he was relieved on 25.09.2004 and the petitioners -non -applicants not allowed pay and allowances for 26.09.2004 being Sunday. When it came to the knowledge of the respondent -applicant that his post is going to be declared surplus, he immediately made request on 31.08.2014 to adjust him against vacant post of Gramin Dak Sevak Mail Carrier Sewar Post Office. Petitioner No. 2, Chief Post Master General, Rajasthan Circle, Jaipur conveyed approval for absorption of the respondent vide memo dated 17.09.2004. The respondent -applicant continuously worked at Bharatpur City Post Office since 1986 to 25.09.2004, but he was not allowed to join further post immediately. However, he joined the new post on 27.09.2004 and remained out of job for one day, i.e. 26.09.2004 being Sunday. On joining, the respondent -applicant was allowed Rs. 1545/ - plus admissible D.A. in the scale of Rs. 1525 -25 -2020 by reducing annual increase for six years at the rate of Rs. 30/ - since 1998 to 2004. The respondent -applicant submitted written application through proper channel pointing out that presently post of EDMC was vacant in Sewar Post Office and, therefore, in the event of his being declared surplus, he should be adjusted against that post and that he will not in future demand his posting on the post carrying same pay scale(as that of the post held by him prior to his being declared surplus). The petitioners ordered his posting vide memo dated 27.09.2004 at Sewar Post Office, in which there was no mention that the posting was being made on respondent's request. Petitioner No. 2, Chief Post Master General, Rajasthan Circle, Jaipur, however, mentioned in memo dated 17.09.2004, while conveying approval for absorption of the respondent -applicant that the same was on his request. Allowance paid to the respondent -applicant, while he was posted at Bharatpur City Post Office up to 25.09.2004, was discontinued by the petitioner -department. The department considered the matter regarding fixing the allowance of the respondent -applicant on redeployment and Petitioner No. 1 issued letter dated 11.10.2004 for protection of allowance in such like cases. When the allowance protection was not allowed along with pay and allowance of one day, i.e. 26.09.2004(Sunday) by treating the respondent -applicant as fresh appointee, he approached the Tribunal by filing Original Application No. 113/2005. The Tribunal disposed of the Original Application filed by the respondent -applicant vide order dated 18.02.2008 with direction to the petitioners to treat the O.A. as representation and decide the claim of the respondent -applicant in the light of instructions dated 11.10.2004. Petitioner No. 3, being competent authority, examined the matter as per directions of the Tribunal and rejected the claim of the respondent -applicant on the ground that the respondent made request, therefore, protection cannot be granted in the light of instructions dated 11.10.2004 and also denied one day pay and allowance. In these circumstances, the respondent -applicant again approached the Tribunal by filing present Original Application.;