Rules, Rights & Rites -74
I usually post all important items related to official rulings, union news, and other general matters on my YouTube channels: Yourskayveeyes (English) and Anbudan Kayveeyes (Tamil).
However, due to the recent spate of orders and the high volume of information being received, I have not been able to convert every item into a video. Therefore, I am introducing these new slots to post current matters and updates that have not yet been published on YouTube. This ensures you stay informed on every detail, even if a video hasn't been made yet …………….Kayveeyes
RTP Court cases - Department’s adamant stand to defend the court cases
• The Department of Posts, Ministry of Communications, Government of India, has issued a letter dated June 20, 2025, to all Heads of Circles.
• The subject of the letter is the forwarding of a common order dated February 27, 2025, from the Central Administrative Tribunal (CAT), Hyderabad Bench.
• This order pertains to Original Application (OA) No. 317 of 2018 and other connected cases filed by Reserved Trained Pool (RTP) personnel.
• The Directorate had previously circulated judgments from the Hon'ble Supreme Court/High Court/Tribunal in favor of the Department to contest cases filed by RTP personnel.
• Recently, on February 27, 2025, the Hon'ble CAT, Hyderabad, dismissed 250 OAs filed by RTP personnel claiming to count RTP service for service benefits.
• RTP personnel based their claims on an order dated February 27, 2023, from the Hon'ble High Court of Hyderabad in WP No. 17400 and 17425/2016.
• The Department's Special Leave Petition (SLP) against this High Court order was dismissed by the Supreme Court, but the question of law was kept open.
• The CAT observed that while the Supreme Court kept the question of law open in the referred case, the Apex Court had already decided the question of law in two earlier judgments, stating that all service benefits are governed by the RTP scheme.
• The Tribunal noted that the applicants had accepted the terms of their absorption without objection at the time and only sought counting of RTP service decades later.
• The Tribunal held that such belated claims are hit by the principles of delay and laches, and mere representations cannot revive a stale claim.
• The Tribunal also held that the principle laid down by the Hon'ble Supreme Court in Union of India vs. K.N. Sivadas and connected Civil Appeals is binding.
• In that case, the Apex Court stated that RTPs were engaged under a separate scheme that did not provide for counting service prior to regular absorption for benefits like eligibility for Limited Departmental Competitive Examination (LDCE), TBOP, or MACP.
• The Tribunal relied on orders dated January 24, 2023, and November 4, 2024, from the Hon'ble High Court of Madras (Writ Petition No. 13633 of 2020; and WP No. 1373/2021 and WMP No. 1545/2021).
• The Madras High Court had set aside similar orders by the Chennai Bench of the Tribunal, observing that they were rendered without due application of mind and failed to consider the implications of allowing such delayed claims.
• The High Court also noted that reconstructing records or assessing break-in service from decades past would be administratively impractical and potentially unjust, stating that such old claims should not be entertained.
• The Tribunal reiterated that reliefs granted to a few individuals under specific circumstances do not automatically entitle others.
• All Circles are requested to include the February 27, 2025 judgment of the CAT, Hyderabad Bench, with the mentioned facts, along with previously circulated judgments, in their counter replies.
(DG (P) No. X-18/12/2024-SPN-II dated 20.6.2025)
• In respect of Delhi High Court decision on RTPs, the Dept vide its letter dated 16.4.2025 called for the records from the RTPs filed the application since the Department has maintained records only for the regular employees. 35 years old records are not available and only on production of records for RTP service the judgment will be implemented.
• The Madras CAT in the case of Ex RTPs of Madras Telephones around 225 in OA37/2019 to 221/2024 disposed in Feb 2025 dismissed the OA on the reasons of delay, laches and factual distinctions.
• Even the Telengana judgment is also not resolved sofar.
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