w w w . L a w y e r S e r v i c e s . i n

Ranjan Chandra Mandal v/s The Union of India, Represented by the Secretary, Department to the Post, Government of India, Ministry of Communication, Information of Technology, New Delhi & Others

Company & Directors' Information:- INDIA INFORMATION TECHNOLOGY LTD [Active] CIN = U74140DL1992PLC048211

Company & Directors' Information:- E N COMMUNICATION PRIVATE LIMITED [Active] CIN = U92132DL2005PTC143469

Company & Directors' Information:- T C COMMUNICATION PRIVATE LIMITED [Active] CIN = U74999DL2000PTC105354

Company & Directors' Information:- J J COMMUNICATION PRIVATE LIMITED [Active] CIN = U74300WB1997PTC085828

Company & Directors' Information:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

Company & Directors' Information:- T I COMMUNICATION PRIVATE LIMITED [Active] CIN = U51109HP2009PTC031079

Company & Directors' Information:- S B M COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64201WB2010PTC145582

Company & Directors' Information:- P N COMMUNICATION P. LTD. [Active] CIN = U32204DL2001PTC111327

Company & Directors' Information:- A B AND U COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74300MH1997PTC107160

Company & Directors' Information:- NEW COMMUNICATION TECHNOLOGY PVT LTD [Active] CIN = U31909GJ1989PTC012512

Company & Directors' Information:- C H C INFORMATION TECHNOLOGY LIMITED [Strike Off] CIN = U72200WB2001PLC093126

Company & Directors' Information:- K AND D COMMUNICATION LIMITED [Active] CIN = U64120GJ1997PLC031879

Company & Directors' Information:- V R INFORMATION TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72900MH2000PTC128632

Company & Directors' Information:- V J COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64203PB1996PTC017956

Company & Directors' Information:- K. K. INFORMATION TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72200OR2009PTC011100

Company & Directors' Information:- P & G COMMUNICATION PRIVATE LIMITED [Active] CIN = U74140MH2013PTC251505

Company & Directors' Information:- P J COMMUNICATION PRIVATE LIMITED [Active] CIN = U72900DL2000PTC105416

Company & Directors' Information:- S A I S INFORMATION TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72100TN2010PTC075284

Company & Directors' Information:- M K COMMUNICATION PVT LTD [Strike Off] CIN = U72900HP2006PTC030292

Company & Directors' Information:- H V COMMUNICATION PRIVATE LIMITED [Active] CIN = U52602DL2009PTC193309

Company & Directors' Information:- S H INFORMATION TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC135610

Company & Directors' Information:- A AND A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92132DL2001PTC110975

Company & Directors' Information:- B. M. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100DL2012PTC244419

Company & Directors' Information:- H. K. COMMUNICATION PRIVATE LIMITED [Active] CIN = U64100DL2013PTC255831

Company & Directors' Information:- B R COMMUNICATION PRIVATE LIMITED [Active] CIN = U64203DL2002PTC114477

Company & Directors' Information:- N S N COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100KA2014PTC073757

Company & Directors' Information:- N A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC182901

Company & Directors' Information:- G & D COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64200MP2007PTC019633

Company & Directors' Information:- RANJAN PVT LTD [Strike Off] CIN = U74140WB1936PTC008688

    Original Application No. 040/00345 of 2018

    Decided On, 05 October 2018

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: H.K. Das, U. Pathak, D.J. Das, Advocates. For the Respondents: ----

Judgment Text

Oral Order:

Manjula Das, Judicial Member.

1. By this O.A. filed under Section 19 of the Administrative Tribunals Act, 1985 the, applicant is seeking following reliefs:-

“8.1 Direct the respondents to grant 2nd MACP to the applicant w.e.f. 28.12.2014 i.e. after completion of 20 years of service from the date of entry into the P.A. Cadre with all consequential benefits.

8.2 Direct the respondents to re-fix the basic pay off the applicant after grant of 2nd MACP w.e.f. 28.12.2014 with consequential re-fixation in subsequent years with all benefits.

8.3 Direct the respondents to recalculate the pension, commuted value of pension, retirement gratuity, cash equivalent to leave salary etc. taking into consideration the re-fixed basic pay after grant of 2nd MACP w.e.f. 28.12.2014 and release the arrear payments forthwith with all consequential benefits.

8.4 Cost of the application.

8.5 Pass any such order/orders as Your Lordships may deem fit and proper.”

2. Mr. H.K. Das, learned counsel for the applicant submitted that applicant was initially appointed as GDS BPM at Kajalgaon BO in September 1982 and after successfully appearing in the Postman Examination and on completion of his training, the applicant was posted at New Bongaigaon SO as Postman vide memo dated 31.08.1988. Learned counsel further submitted that after having declared successful in the Limited Departmental Competitive Examination (LDCE in short) held on 23.05.1994 for Postal Assistant/ Sorting Assistant and on completion of training, he was posted as Postal Assistant at Kokrajhar SO vide order dated 09.12.1994. In the gradation list of Postal Assistant of Goalpara Division as on 01.07.2005 applicant’s name figured at Sl.No.134 and his date of entry in the cadre of Postal Assistant is shown as 28.12.1994.

3. Learned counsel further submits that vide order dated 16.03.2010, applicant was granted 1st MACP in the scale of Pay Band-I (Rs.5200-20200) with Grade Pay of Rs.2800/- on completion of 10 years w.e.f. 01.09.2008. According to the learned counsel, similarly situated employees, namely Sri Parimal Chandra Roy, Sri Debashish Deka, Sri Hafizur Rahman Ahmed, Sri Abdur Rahim Ahmed, Mrs Juma Ray, Sri Madhab Chandra Rabha, Sri Sanjay Kumar Agarwal and Mrs Ajanta Hato were given 2nd MACP vide order dated 08.12.2015 on completion of 20 years of service taking into consideration the date of entry into the cadre of Postal Assistant as an effective date for calculation of 20 years of service. Learned counsel further submits that vide order dated 10.04.2017 similarly situated employees, namely, Sri Hemanta Tallukdar, Sri Sunil Basumatary, Sri Sudip Paul and Sri Amarendra Ray were granted 2nd MACP on completion of 20 years from the date of entry in the cadre of Postal Assistant. The dates of entry in the cadre of Postal Assistant in respect of above four Postal Assistants are 07.05.1996, 04.07.1996, 25.09.1996 and 25.03.1997 respectively. In cases if above Postal Assistants 20 years of service for the purpose of MACP was counted from the date of entry in Postal Assistant cadre. According to the applicant, applicant’s date of entry in Postal Assistant Cadre is 28.12.1994 and as such he completed 20 years on 28.12.2014, therefore, applicant is entitled to 2nd MACP from the said date. However, the respondents did not grant him the 2nd MACP and in the meantime, applicant retired from service w.e.f. 28.02.2018 on attaining the age of superannuation. The applicant submitted application on 16.09.2016 for grant of 2nd MACP on completion of 20 years in the post of Postal Assistant i.e. 28.12.2014, however, the respondents have neither disposed of the same nor granted him 2nd MACP till date.

4. According the learned counsel, all the similarly situated persons like the applicant are enjoying the benefits of 2nd MACP getting higher pay matrix 6 after completion of 20 years from the date of entry in the Postal Assistant Cadre, however, applicant has been illegally denied such benefits. Learned counsel submits that the denial of benefit of 2nd MACP has caused chain action in the pay of the applicant followed by reduction in his amount of final pension, gratuity, leave salary, commuted value of pension etc., therefore, it is a case of continuous cause of action and accordingly there is no limitation in approaching the court.

5. Since the applicant is a pensioner, for the ends of speedy justice, instead of issuing notice to the respondents we deem it fit to send back the matter to the respondents for a decision at their end at the earliest. Accordingly, without issuing any notice to the respondents an

Please Login To View The Full Judgment!

d going to the merits of the case, we direct the applicant to submit this OA along with a copy of this order to the respondents within a period of 15 (fifteen) days from the date of receipt of this order. On receipt of the same, the respondents are directed to treat the OA as a comprehensive representation of the applicant and consider and dispose of expeditiously within a period of two months thereafter. 6. The OA is disposed of accordingly at the admission stage itself. There shall be no order as to costs.