POST OFFICE REGULATIONS – 2024 -1

 192. Daily Rules Recap - RTP service for all benefits – Hyderabad CAT order’s implemented only to those parties in the case

• Around 300 former Returned Ticket Porters (RTPs) from the Andhra Pradesh and Telangana circles filed Original Applications (OAs) in the Hyderabad Central Administrative Tribunal (CAT) during 2012-13. These OAs challenged Directorate orders issued in 2012 that denied service benefits to erstwhile RTPs.

• The Hon'ble CAT allowed the OAs and directed the extension of not only back wages but also service benefits for all purposes. Similarly, six to seven other CATs have delivered favorable judgments in cases involving erstwhile RTPs. The Supreme Court has twice dismissed Special Leave Petitions (SLPs) filed by the Department, and the applicants in those specific cases were granted the benefits.

• The Department of Posts filed writ petitions (WP No. 17400/2016 and 17425/2016) in the Hyderabad High Court in 2016, challenging the CAT's directions. These writ petitions were dismissed on February 27, 2023.

• Subsequently, the Department filed an SLP in the Apex Court in January 2024, challenging the High Court's orders. On February 5, 2024, the Supreme Court dismissed SLP No. 1868/2024, filed by the Postal Department against the High Court's order dated February 27, 2023, stating it was "not inclined to interfere with the impugned judgment."

• The Supreme Court then sent a certified copy of the SLP dismissal order, along with a notice, fixing a time for its implementation through the High Court of Telangana.

• Meanwhile, the contempt petition filed was heard by the High Court on February 9, 2024. The bench ordered the implementation of the Supreme Court's direction within four weeks, specifically by March 8, 2024.

• Ultimately, the Chief Postmaster Generals (CPMGs) of Telangana and AP circles issued orders on May 3, 2024, based on Directorate letter No. X-18/12/2017-SPN-II dated May 1, 2024. These orders ensure implementation only for the applicants in the specific cases and state that they should not be treated as a precedent in other cases.

• The Directorate has not extended these benefits to all similarly situated erstwhile RTPs. There are no separate Recruitment Rules for RTPs; they were recruited based only on the Postal Assistant (PA) Recruitment Rules. This partial implementation is tantamount to a violation of Article 16 of the Constitution.

• In the interim, the Hon'ble Chandigarh CAT, in OA No. 1550/2017, passed orders on May 8, 2024, directing the implementation of the Hyderabad judgment for the applicant, including all consequential benefits like MACP.

• Furthermore, in the Directorate order dated May 15, 2024, this benefit is being implemented only for the applicants of the court cases in Punjab, Andhra Pradesh, Kerala, and Chhattisgarh circles.

• The Principal CAT, Delhi, in its OA No. 3466 of 2019, had already passed orders in September 2023 to implement the Hyderabad CAT judgment with all consequential benefits.

• During the hearing in the Delhi Principal Court, which is scheduled for this month, the CHQ Advocate should properly present the case to ensure these benefits are applied to all erstwhile RTPs.

• This matter must be taken seriously by the Postal Federations to ensure implementation for all erstwhile RTPs, especially if the case filed by the P3 CHQ is ordered in their favour.