dofp2024_00110 — Applicant herein, deputed to Postal Department, Electrical Division in the same pay scale as Cashier is entitled for Deputation Allowance from 16-6-1998 to 30-9-2000, but is not entitled for that allowance beyond that date till 31-1-2003 when he is relieved to join his parent cadre of BSNL as he was paid higher pay scale as per IDA pay scale applicable to BSNL in Postal Department on deputation

DoFP

Applicant herein, deputed to Postal Department, Electrical Division in the same pay scale as Cashier is entitled for Deputation Allowance from 16-6-1998 to 30-9-2000, but is not entitled for that allowance beyond that date till 31-1-2003 when he is relieved to join his parent cadre of BSNL as he was paid higher pay scale as per IDA pay scale applicable to BSNL in Postal Department on deputation — This chunk discusses the applicant filing an OA (Original Application) challenging the non-payment of Deputation Allowance from June 16, 1994 to March 31, 2003. The main argument presented by the app... — Facts: The Applicant who joined as Works Clerk Grade II in Civil Engineering Wing of Post and Telegraphs Department on 12-11-1979 was transferred on 2-5-1994 to Postal Electrical Division as Cashier an equivalent post and joined in that post on 16-6-1994. Bharat Sanchar Nigam Ltd. (BSNL) was created on 1-10-2000 as a Public Sector Unit to which department he was repatriated while working in Postal Electrical Division. Till his transfer to BSNL on 1-10-2000, he was getting Deputation Allowance from 16-6-1994 to 15-6-1998 in Postal Electrical Division. He filed this OA for granting him Deputation Allowance from 16-6-1998 to 31-3-2003 when he was repatriated to BSNL. The Applicant submitted number of representations for that Deputation Allowance for which no reply is received except the one on 26-9-2011 from Chief General Manager, BSNL, Maharashtra Circle, stating that, he is not entitled for the same. Hence, he filed this OA for the payment of Deputation Allowance from 16-6-1994 to 31-3-2003 challenging the letter, dated 21-10-1993 and 20-4-2001. The main contention of the Applicant that his transfer is not a rotational one and other reasons. Even though, there was delay in filing this application, the same was condoned as he is waiting for reply from the Respondents for his representation and hence he cannot be penalized for delay. All the Respondents had filed replies. The Tribunal considered the case in depth. The only point to be answered is, whether the Applicant is entitled to Deputation Allowance from 16-6-1998 to 31-3-2003. The Applicant was posted as Cashier on rotational transfer as per letter of Telecom Civil Wing, dated 2-5-1994. Ministry of Communications, Department of Telecommunications Circular, dated 21-10-1993 mentions that non-optees for Civil Wing of Department of Posts who are required to work in DoP (Civil Wing) as a temporary arrangement shall be treated as on deputation to Civil Wing of DoP and be paid Deputation Allowance as admissible with effect from 1-4-1993. The Applicant was drawing Deputation Allowance at the rate of 5% of his basic pay from 15-6-1994 for a period of four years on joining the office of Executive Engineer, Postal Electrical Division, Mumbai. He also submitted a letter, dated 14-9-2000 for his repatriation to his parent department, i.e., department of Telecom letter of Chief General Manager, Mumbai also shows that the Applicant was retained on deputation in spite of his representation for repatriation. That letter is reproduced in the judgment. The Applicant was drawing BSNL, IDA pay scale with effect from 1-10-2000 till he was repatriated to BSNL on 31-10-2003. His last pay certificate issued for the period up to 31-3-2003 with IDA of ₹ 3,018 shows that IDA scale was granted to him which is higher than his entitled pay in his parent organization. The Respondents rely on the Office Memorandum, dated 5-1-1994 which indicate the terms of tenure of Deputation and Foreign Service. The relevant Para. 8 is reproduced for clarity. The original order shows that the Applicant on transfer was a rotational transfer from the date of his transfer to the office of Executive Engineer (E) Postal Electrical Wing Division for a period of four years. The Respondent, even though states that, no deputation is allowed for more than four years, the Applicant continued as Cashier outside his parent organization beyond four years. No record is available to show that an undertaking was taken from him about non-payment of Deputation Allowance. No reason is available in records for his retention as Cashier instead of repatriation to BSNL in October, 2000. Continuation beyond October, 2000 is not explained. However, as per record, he was paid higher pay scale as applicable to BSNL with effect from 1-10-2000 till his relief on 31-1-2003. When such a situation of drawing higher pay scale exists on deputation which is advantageous to him compared to pay scale granted to him in his parent department, the Deputation Allowance was stopped with effect from 15-6-1998. Since he got the benefit of higher pay scale with effect from 1-10-2000, he is entitled to continuation of Deputation Allowance beyond 16-6-1998 till 30-9-2000.

DoFP

Applicant herein, deputed to Postal Department, Electrical Division in the same pay scale as Cashier is entitled for Deputation Allowance from 16-6-1998 to 30-9-2000, but is not entitled for that allowance beyond that date till 31-1-2003 when he is relieved to join his parent cadre of BSNL as he was paid higher pay scale as per IDA pay scale applicable to BSNL in Postal Department on deputation — This chunk discusses the applicant filing an OA (Original Application) challenging the non-payment of Deputation Allowance from June 16, 1994 to March 31, 2003. The main argument presented by the app... — Facts: The Applicant who joined as Works Clerk Grade II in Civil Engineering Wing of Post and Telegraphs Department on 12-11-1979 was transferred on 2-5-1994 to Postal Electrical Division as Cashier an equivalent post and joined in that post on 16-6-1994. Bharat Sanchar Nigam Ltd. (BSNL) was created on 1-10-2000 as a Public Sector Unit to which department he was repatriated while working in Postal Electrical Division. Till his transfer to BSNL on 1-10-2000, he was getting Deputation Allowance from 16-6-1994 to 15-6-1998 in Postal Electrical Division. He filed this OA for granting him Deputation Allowance from 16-6-1998 to 31-3-2003 when he was repatriated to BSNL. The Applicant submitted number of representations for that Deputation Allowance for which no reply is received except the one on 26-9-2011 from Chief General Manager, BSNL, Maharashtra Circle, stating that, he is not entitled for the same. Hence, he filed this OA for the payment of Deputation Allowance from 16-6-1994 to 31-3-2003 challenging the letter, dated 21-10-1993 and 20-4-2001. The main contention of the Applicant that his transfer is not a rotational one and other reasons. Even though, there was delay in filing this application, the same was condoned as he is waiting for reply from the Respondents for his representation and hence he cannot be penalized for delay. All the Respondents had filed replies. The Tribunal considered the case in depth. The only point to be answered is, whether the Applicant is entitled to Deputation Allowance from 16-6-1998 to 31-3-2003. The Applicant was posted as Cashier on rotational transfer as per letter of Telecom Civil Wing, dated 2-5-1994. Ministry of Communications, Department of Telecommunications Circular, dated 21-10-1993 mentions that non-optees for Civil Wing of Department of Posts who are required to work in DoP (Civil Wing) as a temporary arrangement shall be treated as on deputation to Civil Wing of DoP and be paid Deputation Allowance as admissible with effect from 1-4-1993. The Applicant was drawing Deputation Allowance at the rate of 5% of his basic pay from 15-6-1994 for a period of four years on joining the office of Executive Engineer, Postal Electrical Division, Mumbai. He also submitted a letter, dated 14-9-2000 for his repatriation to his parent department, i.e., department of Telecom letter of Chief General Manager, Mumbai also shows that the Applicant was retained on deputation in spite of his representation for repatriation. That letter is reproduced in the judgment. The Applicant was drawing BSNL, IDA pay scale with effect from 1-10-2000 till he was repatriated to BSNL on 31-10-2003. His last pay certificate issued for the period up to 31-3-2003 with IDA of ₹ 3,018 shows that IDA scale was granted to him which is higher than his entitled pay in his parent organization. The Respondents rely on the Office Memorandum, dated 5-1-1994 which indicate the terms of tenure of Deputation and Foreign Service. The relevant Para. 8 is reproduced for clarity. The original order shows that the Applicant on transfer was a rotational transfer from the date of his transfer to the office of Executive Engineer (E) Postal Electrical Wing Division for a period of four years. The Respondent, even though states that, no deputation is allowed for more than four years, the Applicant continued as Cashier outside his parent organization beyond four years. No record is available to show that an undertaking was taken from him about non-payment of Deputation Allowance. No reason is available in records for his retention as Cashier instead of repatriation to BSNL in October, 2000. Continuation beyond October, 2000 is not explained. However, as per record, he was paid higher pay scale as applicable to BSNL with effect from 1-10-2000 till his relief on 31-1-2003. When such a situation of drawing higher pay scale exists on deputation which is advantageous to him compared to pay scale granted to him in his parent department, the Deputation Allowance was stopped with effect from 15-6-1998. Since he got the benefit of higher pay scale with effect from 1-10-2000, he is entitled to continuation of Deputation Allowance beyond 16-6-1998 till 30-9-2000.

Original Rule Text

Original Rule Text