Rules, Rights & Rites -88
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Department directs the circles to file additional affidavits in RTP case for rejection of the claim
• The Postal department has circulated important judgments favouring the Department and against to the demand of Reserved Trained Pool (RTP) personnel vide its letter No X-18/12/2-24-SPN-II dated 20.1.2025.
• Circles are urged to defend cases based on RTP policy and relevant judgments and directed to file Additional affidavits in pending cases..
• The Hon'ble Apex Court ruled that any service rendered by RTP personnel prior to their regular appointment cannot be counted for any purpose, as it cannot be considered service in an eligible cadre.
• This was established in the judgment dated 01.08.1997 in Civil Appeal No. 5268/97. The court emphasized that the RTP Scheme did not provide for automatic absorption or counting of such service.
• The Hon'ble High Court of Madras dismissed the applicants' case regarding RTP service counting on the grounds of delay and latches. The court found that the claims were not timely filed, which contributed to the dismissal of the case.
• The Hon'ble High Court of Orissa rejected the claims of employees solely on the grounds of delay and latches. This indicates that the court found the claims to be untimely and therefore not valid for consideration.
• In its order dated 22.03.2024, the Hon'ble CAT, Ernakulam Bench denied benefits to RTP officials on the grounds of merits as well as on delay and latches. The court concluded that the claims made by the RTP officials were not justified.
• The Hon'ble CAT provided reasons for denying benefits to RTP officials based on merits as well as on delay and latches. This indicates that the claims were not only found lacking in merit but were also considered untimely.
• These judgments collectively emphasize the importance of timely filing and the limitations on counting RTP service for various benefits.
• The Department has cited 12 judgments which are negative in the RTP case and directed to file additional affidavit in the RTP cases.
• The order directs all Heads of Circles to defend cases filed by RTP personnel based on the policy of RTP and relevant judgments. It emphasizes the importance of referring to previous judgments at the initial stage to strengthen the Department's position.
• Additionally, it suggests considering filing additional affidavits or review petitions if favourable judgments for RTP personnel are found in pending cases.
• (DG (P) No. X-18/12/2024-SPN II dated 20.1.2025)
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