Bombay High Court Hears Petitions by Postal Department Against Reinstatement of Terminated Gramin Dak Sevaks. The Central Administrative Tribunal Had Ordered Reinstatement with Full Back Wages and Continuity of Service; Petitioners Contend the Gramin Dak Sevak (Conduct and Employment) Rules, 2001 Are Statutory.

High Court: Bombay High Court Bench: NAGPUR
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Case Note & Summary

These writ petitions were filed by postal authorities, including the Director of Postal Services and the Union of India, challenging a common judgment of the Central Administrative Tribunal (CAT) dated 9 October 2009. The CAT had allowed the Original Applications of several ex-Gramin Dak Sevaks (GDS) who had been terminated from service. The CAT directed their reinstatement with payment of Time Related Continuity Allowance (TRCA) from the date of termination until reinstatement, along with continuity of service. The petitioners contended that the Gramin Dak Sevak (Conduct and Employment) Rules, 2001 are statutory in nature, and that the CAT erred in treating them as mere departmental instructions. The judgment record provided is incomplete and does not contain the court's analysis or final decision.

Issue of Consideration

Whether the Gramin Dak Sevak (Conduct and Employment) Rules, 2001 are statutory in nature or mere departmental instructions; Whether the Central Administrative Tribunal erred in directing reinstatement and payment of TRCA.

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Case Details

2010 LawText (BOM) (09) 154

Writ Petition No. 1580/2010 and connected writ petitions

2010-09-17

S.A. Bobde, A.B. Chaudhari

R.S. Sundaram for petitioners; M.R. Parkhi, P.N. Shende, A.S. Chandurkar for respondents

Director, Postal Services, Nagpur Region & Ors.

Sanjay Govindraoji Chandurkar & Ors.

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Nature of Litigation

Writ petitions by postal authorities challenging CAT order directing reinstatement of terminated Gramin Dak Sevaks.

Remedy Sought

Petitioners seek to quash the CAT order and uphold the termination of the respondents.

Filing Reason

The CAT had allowed the Original Applications filed by the respondents and directed reinstatement with full back wages and continuity of service, which the petitioners contend is illegal.

Previous Decisions

The Central Administrative Tribunal, Mumbai, Camp at Nagpur, by common judgment dated 9 October 2009, allowed the Original Applications of the respondents and directed reinstatement with payment of TRCA from the date of termination till reinstatement and continuity of service.

Issues

Whether the Gramin Dak Sevak (Conduct and Employment) Rules, 2001 are statutory in nature or mere departmental instructions Whether the Central Administrative Tribunal erred in directing reinstatement and payment of TRCA

Submissions/Arguments

The Gramin Dak Sevak (Conduct and Employment) Rules, 2001 are statutory in character and the Tribunal erred in treating the same as mere departmental instructions.

Judgment Excerpts

the Original Applications filed by the respective respondents in these writ petitions were allowed in terms of paragraph No.8 of the Original Applications, meaning thereby that the Central Administrative Tribunal directed reinstatement with payment of T.R.C.A. from the date of termination till date of reinstatement and continuity of service. (1) Gramin Dak Sevak (Conduct and Employment) Rules, 2001 are statutory in character and the Tribunal erred in treating the same as mere departmental instructions.

Procedural History

Respondents filed Original Applications before the Central Administrative Tribunal, Mumbai, Camp at Nagpur. The CAT, by common judgment dated 9 October 2009, allowed the applications and directed reinstatement with TRCA and continuity. The postal authorities then filed these writ petitions before the High Court challenging that order.

Acts & Sections

  • Gramin Dak Sevak (Conduct and Employment) Rules, 2001:
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High Court Bombay High Court Hears Petitions by Postal Department Against Reinstatement of Terminated Gramin Dak Sevaks. The Central Administrative Tribunal Had Ordered Reinstatement with Full Back Wages and Continuity of Service; Petitioners Contend the Gramin...