UNION OF INDIA Vs. M. SOUDABI

JUDGEMENT

(1.) These writ petitions are filed by the Union of India challenging different orders issued by the Central Administrative Tribunal, Ernakulam Bench. W.P. (C). Nos. 13112/09, 14453/09, 16308/09 & 16376/09 arise from a common order passed by a Full Bench of the Tribunal. The other writ petitions are filed challenging orders passed thereafter by the Tribunal relying on the aforesaid Full Bench decision. On consent of parties, these matters are heard collectively since the question arising for decision in all the matters are the same.

(2.) The respondents are Gramin Dak Sevaks, for short, GDS. The question arising for decision is the entitlement of protection to Time Related Continuity Allowance (TRCA). Two issues were referred to the Full Bench of the Tribunal for consideration. They are (i) When a Gramin Dak Sevak drawing pay in a higher TRCA is transferred from one Post Office to another within the same recruiting unit or outside the recruitment unit with or without his request to a post with lower TRCA, whether he is entitled to protection of last pay drawn by him in the higher TRCA or not and (ii) When a Gramin Dak Sevak is working against a post with higher TRCA is transferred on his request or otherwise to a post carrying lower TRCA within the same recruitment unit or outside, is entitled to fixation of his TRCA in terms of FR 22(1)(a)(i) or FR 22(1)(a)(ii) or not.

(3.) The Full Bench, by order dated 14.11.2008, answered that reference by holding in paragraph 49 of that order as follows: