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DEVENDRA SHARMA v. DEPARTMENT OF POSTS

Central Administrative Tribunal
Feb 20, 2025

Item No. 10/C-2 1 OA No. 649/2025

Central Administrative Tribunal Principal Bench, New Delhi O. A. No. 649/2025 M. A. No. 812/2025 Today this the 20th day of February, 2025 Hon'ble Mr. R. N. Singh, Member (J) Hon'ble Mr. Rajinder Kashyap, Member (A)

1. Devendra Sharma, Aged about 63 years S/o Sh. Dharam Singh Sharma R/o. H. No. C-316-A, Gali No-07 Brijpuri, Delhi-110094

2. Om Prakash-VI, Aged about 66 years S/o Late Sh. Ram Singh

R/o 53A, Shreechand Park,

Old Budh Bazar, Gali No. 5, Dharampura Extn., Nazafgarh, New Delhi-110043

3. Rajinder Prasad-III, Aged about 64 years S/o Sh. Udai Raj

R/o H. No. 745-A Budh Vihar,

Phase-2, Shyam Colony, Delhi-110086

4. Ashok Kumar-I, Aged about 64 years S/o Late Sh. Sodan Singh

R/o RZA-85, Ph-IV, Prem Nagar, Behind Jain Public School, Nazafgarh, New Delhi-110043

5. Sukhbir Singh-II, Aged about 61 years S/o Sh. Zile Singh

R/o C-6/22, Sector-V, Rohini, New Delhi-110085

6. Rajinder Singh Bisht, Aged about 66 years S/o Late Sh. Dan Singh Bisht

R/o C-218, Dada Dev Colony,

Sector-7, Dwarka, New Delhi-110075

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7. Shriom Goyal, Aged about 64 years S/o Sh. Murari Lal Goyal

R/o A-19, Naya Bazar,

Najafgarh, New Delhi-110043

8. Girija Issar, Aged about 65 years W/o Late Sh. Anil Kumar Issar R/o C-47, Naya Bazar, Gali No. 4, Najafgarh, New Delhi-110043

9. Pushpa Jugran, Aged about 63 years W/o Sh. Ravinder Kumar

R/o Flat No. 58, Uni Apartment, Sector-11, Gh-11,Vasundhra, Ghaziabad, U.P.

10. Satish Kumar Sharma, Aged about 67 years S/o Sh. Babu Ram Sharma

R/o D-1137, Gali No. 6,

Ashok Nagar, Shahdara, Delhi-110093

11. Deva Nand, Aged about 62 years S/o Late Sh. Balwant Rai R/o1700-A, 2nd Floor,

Rani Bagh, New Delhi-110034

12. Rajesh Kumar Sharma, Aged about 61 years S/o Sh. Babu Ram Sharma

R/oE-25, Patel Nagar, IInd,

Ghaziabad, U.P.

13. Nisha Malik, Aged about 64 years W/o Sh. Ravi Kant Malik

R/o AF-112 B, Shalimar Bagh, Delhi- 110088

14. Shiv Shankar Yadav, Aged about 66 years S/o Late Sh. Bhulashwar Yadav, R/o RZL- 62 B, Vijay Enclave

New Delhi-110045

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15. Pushpa Sharma, Aged about 67 years W/o Sh. Chandermani Sharma

R/o D-1/6, SitapuriPart-1,

Gali No., 4, New Delhi-110045

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16. Manju Ahuja, Aged about 60 years W/o Sh. Ramesh Chand Ahuja R/o 4/75, Shivaji Nagar, Gurugram

17. Mool Chander, Aged about 68 years S/o Late Sh. Putu Lal

R/o H. No. 30/437,

Trilok Puri, Delhi- 110091

18. Shashi Bala,Aged about 67 years W/o Sh. Ram Prasad

R/o WZ-84 A, D-45, Raj Nagar IInd, Palam Colony, New Delhi-110077

19. T. Vinish Khanna, Aged about 67 years S/o Late Sh. Tilak Raj Khanna R/o H. No. 510,

DDA LIG Flats, Opp. G.T.K. Depot, Sanjay Enclave, Delhi-110033

20. Ranbir Singh, Aged about 62 years S/o Sh. Gopi Chand

R/o H. No 1, Jasola village, Near MCD School,

PO Jamia Nagar, New Delhi-110025

21. Brajesh Kumar, Aged about 61 years S/o Late Sh. Budhi Pal Singh, R/o A-10, Bhawani Nagar,

Deenpur, Najafgarh, New Delhi-110043 … Applicants (By Advocate: Mr. Anurag Singh Tomar)

Versus

1. Union of India Through,

Department of Posts, Dak Bhawan, New Delhi-110001

2. The Director General of Posts, Govt. of India,

Department of Posts,

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Dak Bhawan, NewDelhi-110001

3. The Chief Postmaster General, Delhi Circle, New Delhi-110001

4. The Senior Superintendent, Department of Posts,

Delhi Sorting Division, Delhi-110006

5. The Senior Superintendent, Department of Posts,

Air Mail Sorting Division, New Delhi-110021

6. The Director/SSRM New Delhi Sorting Division New Delhi-110001

... Respondents

(By Advocate: Ms. Neelima Rathore)

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ORDER (ORAL)

Hon'ble Mr. R. N. Singh, Member (J):

M. A. No. 812/2025

The instant M.A. has been filed by the applicants seeking permission of this Tribunal to file the present O.A. jointly inasmuch as all the applicants are similarly placed and they have prayed for similar reliefs based on common grounds.

O. A. No. 649/2025

The applicants, 21 in numbers, have approached this Tribunal by way of the present O.A., filed u/s 19 of the Administrative Tribunal Act, 1985, seeking following reliefs:-

"8.1 The respondents be directed to count the service rendered by the applicants under RTP Scheme as qualifying service with all the consequential benefits e.g. MACPS and pension, etc.

8.2 The respondents be directed to release the arrears of salary and pension as a result of the counting the service rendered by the applicants under RTP as qualifying service.

8.3 Cost of the proceedings be allowed.

8.4 Any other order(s) as deemed fit and proper to secure the ends of justice may be passed."

2. Learned counsel appearing for the applicants submits that the issue involved in the present case has already been

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adjudicated by the Coordinate Bench of this Tribunal vide order/judgment dated 20.09.2023 [Annexure-A/1 (Colly)] in O.A. No. 3466/2019 titled Raksh Pal Singh & Ors. Vs. Union of India & Ors..

3. Issue notice. Ms. Neelima Rathore, learned counsel, who appears for the respondents on advance service, accepts notice. At the outset, she submits that the present OA is not maintainable in view of the fact that without exhausting the alternative remedy, the applicants have rushed to the Tribunal by way of the present O.A. At this stage, learned counsel appearing for the applicants clarifies that the applicants have not preferred any representation(s) for redressal of their grievances.

4. Mr. Anurag Singh Tomar, learned counsel appearing for the applicants submits that the applicants shall be satisfied if the present O.A. is disposed of, at this very stage, with liberty to the applicants to make additional comprehensive representation

(s) for redressal of their grievances agitated in the present O.A. and with a direction to the respondents to consider such representation (s) in a time bound manner.

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5. We are of the considered view that if such request of learned counsel for the applicants is acceded to, no prejudice is likely to be caused to the respondents.

6. In view of the aforesaid, for the reasons given therein in the MA, the present MA is allowed. With the consent of learned counsels for the parties and without going into the merits of the case, the present O.A. is disposed of with liberty to the applicants to make comprehensive representation (s) within two weeks from today and with a direction to the Competent Authority amongst the respondents to consider such representation (s) and dispose of the same by passing a reasoned and speaking order as expeditiously as possible and preferably within 8 weeks of receipt of representation (s) from the applicants.

7. In view of the aforesaid, the captioned O.A. and M.A. stand disposed of. However, there shall be no order as to costs.

(Rajinder Kashyap) (R. N. Singh) Member (A) Member (J)

/neetu/

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