Ad hoc Service Regularization- Discrimination by Govt.
I was recruited in 1983 for appointment as Postal Assistant and after training kept in the Reserve Trained Pool from May 1983. In the name of a ban “against future recruit ment” introduced by the Central Government from 01.01.1984 my appointment was delayed till 1990 and appointed in compliance to the Apex Court Order in Special Leave appeal No. 11313 of 1987. After regular appointment in a common judgement the Hon’ble CAT Ernakulam in OA No. 814 of 1990 ordered regularization of the Service and department complied it. Later, Department filed SLP against this judgement before the Hon’ble Supreme Court and while this was under challenge before the Apex
Court and then pending, Four of identically placed officials in Kerala Postal Circle were allowed seniority and all consequential benefits including service, increment, leave, promotions and every service benefits revising the seniority list and they are still enjoying these benefits. The earlier judgement challenged under Special Leave was decided against us and the benefits granted were reversed. The Postal Directorate has instructed the Kerala Postal Circle Chief to limit the benefits of this judgement to those who have approached the court against various pronouncements of the Hon’ble Supreme Court. We have claimed implementation of the benefits of this judgement to identically placed officials (Ex-RTP PAs) but in vain. I have made representation claiming the benefits already granted to those four identically placed citing various Apex Court pronouncements granting the benefits of a judgement to all similarly placed without forcing them to approach the courts again. But not yet decided by the Chief Postmaster General, Kerala. Meanwhile identical order granting all service benefits was issued by the Panjab and Haryana Bench of the CAT after upholding the decision by the Panjab and Haryana High Court and the same also was implemented by the Postal Department (The benefits granted on Panjab and Haryana High Court Order is stated to be withdrawn now for reasons not known to me-presumably it may under challenge in SLP). There are, also, various CAT’ orders allowing partial or even entire service benefits to official who had in RTP. However, the benefits granted to the four from Kerala are not challenged in Appeal yet and they are still enjoying them it is a clear case of discrimination among equals and under these circumstances kindly advise me as to what I can do now to get the benefits of Ernakulam CAT order of 1996 now being enjoyed by Four of us.
Balasubramanian E, Office Assistant, O/o Supdt. of Post Offices, Tirur Division. Tirur Kerala PIN 676 104.