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Judgment
O R D E R
By Mallika Arya, AM.-
The applicants, by way of this Original Application, are seeking quashment of impugned orders Annexure A/1A to Annexure A/1J passed by respondent no. 4 wherein their representations have been rejected. They are seeking further direction to the respondents to count the service rendered by them as Reserved Trained Pool (RTP) from the date of their joining as RTP till the date of their regular appointment as Regular Postal Assistant with all consequential benefits including seniority and pay fixation.
The applicants were selected as RTP on different dates for appointment to the post of Postal Assistant. After initial training, the applicants were assigned the duties and responsibilities unlike regular Postal/Sorting Assistant and were paid hourly rates instead of providing regular appointment after training as per rules. Later on, the RTP scheme was abolished and the services of the applicants were regularized. However, despite the fact that the applicants have been paid salary similar to that of a Postal Assistant, the services rendered as RTP have not been counted towards increment, seniority, promotion and pension etc.
In their reply, the respondents have stated that out of 12 applicants, two applicants have already retired and other applicants are on the verge of their retirement. The respondents have taken the ground of delay in filing the Original Application.
We have heard the learned counsel for the parties and perused the pleadings and the documents available on record including the reply and the rejoinder filed by the respective parties.
The counsel for the applicants submits that the issue involved in this Original Application is no longer res integra as it has already been decided by this Tribunal in Original Application No. 200/256/2019 dated 10.07.2026 and other connected matters.
We observe that that the issue involved in this Original Application has been decided by this Tribunal on 10.07.2026 in O.A. Nos. 200/256/2019 and other connected matters. On careful perusal of the facts of the present case with the orders passed in O.A. Nos. 200/256/2019 and other connected matters, we are of the considered view that facts of the present case are squarely covered by the order dated 10.07.2026 of this Tribunal. This Tribunal in it’s order in O.A. No. 200/256/2019 and other connected matters (supra) has observed as under:
“11.The order passed by the Hon’ble High Court of Delhi in W.P.(C) No.7301/2025 and W.P.(C) No.7412/2025 (supra) has been followed by the Principal Bench of this Tribunal in the order passed in Original Applications Nos.4477/2024, 4478/2024, 610/2025 (supra) and the Original Applications were allowed with the following directions:
“(i)The respondents are directed to extend the benefit of the judgment of Hon’ble High Court for State of Telangana at Hyderabad in Writ Petition
(ii)The applicants shall be entitled to all consequential benefits flowing therefrom including upgradation under MACP Scheme, pensionary benefits etc., as applicable.
(iii)The respondents shall comply with the aforesaid directions, as expeditiously as possible, and preferably within a period of 12 weeks from the date of receipt of a copy of this Order.
(iv)However, there shall be no order as to cost.”
12.From the above position, it transpires that the Coordinate Benches of this Tribunal have followed the order of the jurisdictional High Court. This has led to divergent views amongst the Benches. The legal position in such cases demands that in the case of a conflict between equal Bench –strength judgments, the earlier view alone should be followed, if not then the matter has to be referred to a Larger Bench. No doubt that the judgment on this issue was firstly delivered by the Hyderabad Bench of this Tribunal in OA No.779/2013 and OA No.780/2013 (supra) and this order was also confirmed by the Hon’ble High Court for the State of Telangana at Hyderabad in Writ Petition (C) No.17400/2016 (supra). Learned counsel for the respondents argued that though the Hon’ble Supreme Court has dismissed the SLP (C) Diary No.1868/2024 filed at the hands of the Department, but has left the question of law open. He averred that law on this issue is yet to be finalized. But the fact of the matter remains that the Postal Department has already extended the benefits for the similarly situated employees of Hyderabad Region, New Delhi Region as also in the favour of employees of Chhattisgarh Region in pursuance to the order passed by the Hon’ble Moreover, the Hon’ble High Court of Delhi in W.P.(C) No.7301/2025 and W.P.(C) No.7412/2025 (supra) has made it clear that “there cannot be a different yardstick for different members of the service, requiring each one of them to approach the Court for similar benefits. In our view, the Judgment in the present case would apply in rem and therefore, the benefit should have been extended by the petitioners to all the similarly situated personnel”. Thus, keeping in view the order passed by the Hon’ble High Court of Delhi (supra) as also the order passed by our jurisdictional Hon’ble High Court of Chhattisgarh at Bilaspur in WPS No.1912 of 2021 (supra), we are of the considered view that the present applicants are also entitled for the benefits, which have been extended to the similarly placed persons.
13.Accordingly, all these Original Applications are allowed. The respondents are directed to extend the benefit of the judgment of Hon’ble High Court for State of Telangana at Hyderabad in Writ Petition No.17400/2016 to the applicants in these OAs, with all consequential benefits including upgradation under MACP scheme, pensionary benefits etc, within a period of 90 days from the date of receipt of a copy of this order. No order as to costs.
In light of the detailed and reasoned order passed by this Tribunal (supra), this original application is allowed. The respondents are directed to re-consider the case of the applicants in terms of the order dated 10.07.2026 passed in O.A. Nos. 200/256/2019 and other connected cases. This exercise must be completed within a period of 90 days from the date of receipt of a certified copy of the order of this Tribunal. No order as to costs.