NFPE Secretary General addressed the Secretary (Posts) to implement Madras CAT judgement to all RTP employees in the Department

 

Ref: PF/NFPE/RTP                                          Dated – 16.07.2020

To

The Secretary

Department of Posts

Dak Bhawan, New Delhi – 110001

Sub: -  Universal implementation of common order of the Hon’ble High Court of Madras bench in Writ petition 34944 & 33298 of 2016 dated 24.07.2019 and WMP No. 28769 & 30156 of 2016 to all the similarly placed Pas and SAS of DOP – reg.

Ref: -   Directorate letter No. X-16/5/20/2019-SPN dated 11.06.2020.

Sir,

This is regarding the universal implementation of common order of Hon’ble High Court of Madras Bench in writ petition 34944 & 33298 of 2016 to all similarly placed PAs & SAs of DOP. Directorate vide letter No. X-16/5/20/2019 had ordered to implement the common order dated 24.07.2019 of Hon’ble High Court of Madras Bench in WP No. 3494/2016 and WMP No. 33298/2016 filed by the department against the order of Hon’ble CAT Chennai Bench dated 04.08.2015 in OA No. 408/2014 filed by Shri. Murugesan and 31 others.

Hon’ble High Court of Madras in its common order in W.P Nos. 34944 and 33298 of 2016 had proclaimed to regularise the service rendered by ex RTPs by upholding the verdict of Chennai bench of CAT in O.A. No. 1253 of 2012. While disposing the case the Hon’ble High Court of Madras had categorically mentioned about the similar verdict of the following courts of law also. Verdict dated 16-12-1986 of Jabalpur Bench in OA 82/1986 which was upheld by the Honourable Supreme Court in its order dated 11.02.1988 in SLP No. 11313/1987, judgement of CAT Mumbai Bench in O.A. No. 719 to 727 of 1996 dated 31.10.2010, judgement rendered by the Divisional Bench of Punjab and Haryana High Court dated 18.02.2014, Order passed by the High Court of Telangana and Andhra Pradesh in W.P. No. 17400/2016.

In this juncture the directorate letter referred above is a great relief to the parties to the case and at the very same time by limiting the benefits to the applicants of the OAs discrimination and injustice is invited. It is a well known fact that a lot had suffered by the ex RTP PAs and SAs and still justice is denied to them and thus pushing the officials to the court of law for their genuine service benefits. A number of cases are pending at various courts on the same genuine matter inviting huge expenditure from the exchequer. The apex court also recorded its verdict against the grave injustice done to the ex RTPs in several cases. Justice delayed is justice denied. Now it is the moment to act. The selective implementation of the verdicts proclaimed by the different courts of law without equity to comply the orders is paving way for grave injustice.

It is therefore requested to kindly issue appropriate direction to implement the benefits of the directorate letter referred above to all the similarly placed officials by upholding the law of the land.

An early and positive action is highly solicited.

With regards,

Yours sincerely,

(R. N. Parashar)

Secretary General