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Tuesday, February 10, 2015

TBOP and BCR are Promotion Schemes and not Financial Up-gradations


Hon’ble CAT, Cuttack Bench ( O A No. 1196 of  2004 and O A No. 1213 to 1221 of 2004 ) uphold the order of Hon’ble CAT, Madras Bench (O A No. 679 of 2003)

Postal Directorate directs Chief PMG, Odisha Circle for implementation vide its letter No. 93-13/2012-SPB-II, dated 23rd January, 2015

Odisha Circle implemented the order vide its Memo No. ST/26-15/2013, dated 04.02.2015

Dear Comrades,

The Hon’ble CAT, Madras Bench in its order dated 19.03.2004 passed in O A No. 679 of 2003 (K Perumal and M Ramamswamy vrs. D G, Department of Posts and Other) observed, “.... action of the respondents is totally illegal and is incorrect. They cannot change the nomenclature, viz. ‘promotions’ made already to that of ‘financial up-gradations’ and deny the consequential benefits .......  In the matters relating to seniority, settled issues should not be disturbed/disorted after a long laps of time ..... the contention of the respondents  that the promotions given earlier  are to be construed  only as financial up-gradations  in our considered view cannot be accepted  as the same is unreasonable and such an argument goes against the letter and spirit of the communications issued by the respondents themselves......”

The Hon’ble CAT, Cuttack Bench in its order dated 23.07.2008 passed in O A No. 1196 of  2004 and O A No. 1213 to 1221 of 2004 filed by Brahmananda Lenka and others directed the respondents to consider the case of the Applicants within  a period of 90 days for grant of consequential benefits  with promotion to next higher grade, namely HSG-II and HSG-I in the light of the decision of the Madras Bench of the tribunal which has been confirmed by the Hon’ble High Court of Madras.

The Order dated 23.07.2008 of Hon’ble CAT, Cuttack was subsequently upheld by the Hon’ble High Court of Odisha vide its Order dated 17.01.2012 which was examined by the Department  in consultation with the Department of Personnel & Training  and Department of Legal Affairs, Ministry of Law and Justice and finally it has been decided to implement the same in respect of the applicants of the above O A only.

Subsequently, the Postal Directorate, vide its letter No. 93-13/2012-SPB-II, dated 23rd January, 2015 directed the Chief Postmaster General, Odisha Circle to implement the above CAT’s order as specific to the applicants of the O A.

Accordingly, Circle Office, Bhubaneswar vide its Memo No. ST/26-15/2013, dated 04.02.2015 promoted 5 officials (the applicants) notionally to LSG, HSG-II and HSG-I and allotted 3 officials to Berhampur Region and 2 officials to Samablpur Region. Consequently the officials promoted notionally as such were posted by respective Regional heads as follows.

Memo No. ST/12-HSG-I/2015, Dated 04.02.2015 issued by   

Postmaster General, Berhampur, Gm) Region, Berhampur-760001 

Sl No.
Name and Designation of the official
Place of posting on promotion.
Sri Birabar Behera, SPM, Asureswar SO.
Postmaster ,Bhanjanagar HO
Sd. Zahid Hossain ,SPM, Tinimuhani SO.
Postmaster ,Paralakhemundi HO
Sri Nityananda Nath Sharma,SPM, Dandisahi, SO
Postmaster, Koraput HO

Memo. No. ST/RO/150-7/2009 (Ch.I),  Dated   05.02.2015  issued by

Postmaster General, Sambalpur Region, Sambalpur – 768 001 

Sl. No
Name and designation of Officials
Place of posting
Shri Kalpataru Malik, PA, Kendrapara HO
Dy. Postmaster, Balangir HO
Shri Chhotray Majhi, SPM, Madanpur SO
Postmaster, Titilagarh MDG

We are trying to collect the copies of the Directorate’s and other letters through RTI and obtaining legal advice for giving justice to thousands of  such employees all over India deprived from LSG/HSG-II/HSG-I promotions. All the Comrades are requested to extend their cooperation in this regard.

We do also appeal our CHQ to collect the above Directorate’s order and find out ways and means to render justice to all.

Bruhaspati Samal
Secretary, AIPEU, Group-C
Bhubaneswar Division 

Copy of order dated 23.07.2008 passed in O A No. 1196 of  2004 and O A No. 1213 to 1221 of 2004

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