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Wednesday, August 4, 2010

Sub: - Counting of ad-hoc services rendered in Army Postal Service (APS) for the (Copy of Letter No 93-25/2003-SPB-II dated 21.07.2010 of Department of Posts)
(TBOP) Scheme – Reg.

(Copy of Letter No 93-25/2003-SPB-II dated 21.07.2010 of Department of Posts)

I am directed to refer to the references received regarding the issue of counting of ad-hoc services rendered in Army Postal Service (APS) for the purpose of grant of financial upgradation under Time Bound One Promotion (TBOP) Scheme introduced by the Department.
2. It is observed that the issue under reference was considered by the Hon’ble Supreme Court in C.A No. 5739 of 2005 in the case of UOI Vs Shri Mathivanan. The Apex Court in their judgment dated 09.06.2006 held that the official has completed 16 years of service (after taking into account his adhoc service rendered in APS) and would be entitled to the benefit of paragraph 1 of TBOP scheme and the action of the authorities in not granting the said benefit was illegal and contrary to law. Hon’ble Court observed that so far as placing of an officer in the next ‘higher grade’ is concerned, what was relevant and material was that such official belonging to basic grades in Group ‘C’ and D must have completed ‘sixteen years of service in that Grade’. They pointed out that it no where uses the connotation ‘regular’ service. It was also inter-alia observed “The scheme merely perused that any person having rendered 16/26 years of service without obtaining any promotion could be entitled to benefit therefore. It is, therefore, not a case where promotion to the higher post is to be made only on the basis of seniority.
3. In view of the dismissal of Civil Appeal No. 5739 of 2005-UOI & Ors Vs M. Mathivanan by the Hon’ble Supreme court on the above grounds vide their order dated 09.06.2006, the order dated 03.04.2002 of the Hon’ble CAT, Madras Bench pronounced in OA No. 1094 of 2001 was implemented subject to condition that the official will not be entitled to claim any seniority over those absorbed in the Postal Departmental before he was absorbed, for any purpose whatsoever.
4. It had been brought to the notice of the Directorate that a number of cases have been filed by the officials who have rendered adhoc service in APS seeking the benefit of above stated Apex court order in their cases also. The Department has considered the matter. Department of Personnel & Training and D/o Legal Affairs have also been consulted in the matter.
5. Keeping in view the Apex Court’s decision in M. Mathivanan’s case and the fact that TBOP is not to be granted on the basis of seniority. it has been decided with approval of competent authority to extend the benefit of the Apex Court’s order to similarly placed serving officials.
6. The TBOP scheme now stands withdrawn w.e.f. 01.09.2008 after introduction of Modified Career Progress Scheme (MACPS). It is, therefore, advised that all the cases of officials similar to the case of Shri. Mathivanan for grant of TBOP/BCR upto the period 31.08.2008 may be decided by counting the adhoc service rendered by them in APS.
7. This issues with the approval of Secretary (Posts)
Yours faithfully,
(Suraj Bhan)
Asstt. Director General (SPN)