Original Application No. 204 of 2009. Case: 1. All India Postal Extra Departmental Employees' Union (AIPEDEU), Trivandrum, Through its Circle Secretary, D. Sankarankutty, 2. M. S. Sabu, 3. K. A. Aniachan Vs 1. Union of India, Represented by Secretary to Government of India, Ministry of Communications & Information Technology, (Department of Posts), New Delhi, 2. Director (T&E), Ministry of Communications & Information Technology (Department of Posts), New Delhi, 3. Secretary to Government of India, Ministry of Finance, Department of Expenditure, New Delhi, 4. Chief Post Master General, Kerala Circle, Thiruvananthapuram. Central Administrative Tribunal
| Case Number | Original Application No. 204 of 2009 |
| Counsel | T. C. Govindaswamy, Sunil Jacob Jose |
| Judges | George Paracken (Judicial Member) & K. George Joseph (Administrative Member) |
| Issue | Constitution of India, 1950 - Articles 14, 16, 309, 311(2); Payment of Bonus Act, 1965 - Sections 2(13), 12 |
| Judgement Date | January 05, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
George Paracken (Judicial Member)
The first applicant is All India Postal Extra Departmental Employees' Union (in short AIPEDEU), Kerala Circle, P&T House, Trivandrum and represented through its Circle Secretary. The 2nd and 3rd applicants are aggrieved parties. Their grievance is against the Annexure A-7 order dated 20/24.2.2009 which reads as under:-
Department of Posts, India Office of Chief Postmaster General, Kerala circle,
Thiruvananthapuram-695033
To,
The Postmasters General,
Central Region, Kochi/Northern Region, Kozhikode
The SSPOs/SPOs (HQ Region)
The Director of Accounts (Postal), Thiruvananthapuram
The SSRM 'TV'/SRM'EK'/SRM'CT'Dns.
The Supdt. PSD Thiruvananthapuram
The Supdt. KCSD Ernakulam
The Manager, RLO, Thiruvananthapuram
The Executive Engineer, Postal Civil Dn., Thiruvananthapuram
The Asst. Engineer (Ele.), Postal Staff Quarters, Paruthipara, TVM.
NO.EST/31-4/2006-07 Dated at Thiruvananthapuram-33 24/20-2-2009
Sub: Productivity Linked Bonus for the accounting years 2006-07 & 2007-08
Please refer to this office letter of even number dated 22.10.2008 on the above subject. References have been received from Regions/Divisions seeking clarification as to whether the Orders of Ministry of Finance on revised calculation ceiling are applicable to Gramin Dak Sewaks (GDS). Now Directorate has clarified that the Orders of the Ministry of Finance Vide OM NO.7(23)/E.III-A/2007 dated 10.10.2008 are applicable to eligible Central government Departmental employees only. A report on the amount of ceiling applied in the case of GDS while calculating the bonus (as per the Orders dt. 22.10.2008) in respect of your Region/Division may be forwarded to this office.
Sd/-
(V. Kumara Krishnan)
Asst. Director (Establishment)
-
According to applicants the aforesaid Annexure A-7 letter is totally arbitrary, discriminatory, contrary to law and hence violative of articles 14 and 16 of the Constitution. They have further submitted that maximum payment of bonus under Section 2(13) and Section 12 under Bonus Act, 1965 is Rs. 3,500/- with effect from 1.4.2006. Respondents are bound to extend the same ceiling limit in the case of the applicants' also. They have also submitted that the Group-D, Group-C, non-gazetted Group-B, Gramin Dak Sevaks and temporary status attained casual labourers, all constitute a homogenous class for the purpose of payment of bonus. There is no reason for classifying the Gramin Dak Sevaks differently from others in the matter of the maximum ceiling limit for the purpose of payment of bonus alone. The clasification made in Annexure A-7 letter has no nexus to the object sought to be achieved.
-
The learned counsel for the applicants has relied upon the judgment of the Chandigarh Bench of this Tribunal in OA 256/PB/2009 - All India Postal ED Employees Union and others Vs. Union of India & Ors., dated 8.5.2009. The said application was filed by All India Postal ED Employees, through...
To continue reading
Request your trial