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Judgment
P.Madhavan, Judicial Member This Original Application has been filed by the applicants seeking the following reliefs:
"a)To quash Annexure A1, Annexure A2 and Annexure A10.
b)To declare that the Applicants performing conveyance of mail in addition to their duty hours as GDS BPM are entitled to get combined Duty Allowance in terms of Annexure A7 to Annexure A9 and any other interpretation to Annexure A7 is highly illegal and unjust.
c)To direct the Respondents to continue to pay Combined Duty Allowance to the Applicants for conveying mails after their duty hours as GDS BPM so far as they are required to perform this as an additional duty after duty hours and to grant all consequential benefits.
d)Grant such other reliefs as may be prayed for and as the Court may deem fit to grant, and
e)Grant the cost of this Original Application.''
The brief facts of the case are as follows: The applicants are aggrieved by the proceedings issued by the Respondents proposing to stop Combined Duty Allowance which was being paid as per Rules and the attempt to recover the benefits drawn by them. Hence, they have approached this Tribunal praying for the aforementioned reliefs.
When the matter came up for hearing, it appears that the applicants had not approached the Competent Authority regarding their grievances.
In view of the above, applicants are directed to file a detailed representation on the basis of relevant rules and regulations within a period of two weeks before Respondent No.2. The respondent no.2 is directed to consider the representation in the light of relevant rules, regulations, government orders and decisions on the subject and pass a speaking order within a period of three months from the date of receipt of such representation. Till that time, no recovery shall be effected.
The Original Application is disposed of at the admission stage itself as above. No costs.
List of Annexures
Annexure A1 - A true copy of the Order No. A/5-10/11 VOL VII dated 12.07.2021 issued by the 4th Respondent to the Post Master, Kanjirappally H.O. Annexue A2 - A true copy of the Order No. A/5-10/11 VOL VII dated 12.07.2021 issued by the 4th Respondent to the Post Master, Changanassery H.O. Annexure A3 - A true copy of the Letter No. 41-437/87-PE. II dated 06.07.1988 issued by the 1st Respondent. Annexure A4 - A true copy of the relevant pages of the Letter No. 6-1/2009, PE. II dated 9.10.2009 issued to the 1st Respondent. Annexure A5 - A true copy of the Combination Memo No. A/6-160/93 dated 12.03.2009 issued to the 11th Applicant by the 4th Respondent. Annexure A6 - A true copy of the Order No. 17-103/2007-GDS dated 17.12.2015 on behalf of the 1st Respondent. Annexure A7 - A true copy of relevant pages of O.M. No. 17-31/2016-GDS dated 25.06.2018 is issued by the 1st Respondent. Annexure A8 - A true copy of the Order No. 17-31/2016-GDS dated 21.06.2019 issued by the 1st Respondent. Annexure A9 - A true copy of Letter No. 17-31/2016-GDS dated 06.01.2020 issued by the 1st Respondent. Annexure A10 - A true copy of the Order No. EST/36-2/GDS REVISION/Dlgs/2018 dated 20.02.2020 issued by the 3rd Respondent. Annexure A11 - A true copy of Memo F.No. 18/03/2015/Estt (Pay-I) dated 02.03.2016 issued on behalf of the 1st Respondent. ...