ups_00224 — Provisionally appointed GDS (Gramin Dak Sevak) of the Postal Department after following all procedures and formalities prescribed for regular appointment and who have completed one year or more of service would be entitled for increment under Time Related Continuity Allowance (TRCA) and also Productivity Linked Bonus as awarded to regular GDS

Provisionally appointed GDS (Gramin Dak Sevak) of the Postal Department after following all procedures and formalities prescribed for regular appointment and who have completed one year or more of service would be entitled for increment under Time Related Continuity Allowance (TRCA) and also Productivity Linked Bonus as awarded to regular GDS — The chunk discusses the decision in *P. Hareesh v. Chief Postmaster-General, Trivandrum and another* (7/2011, nitisnewS 64, (Ernakulam), date of judgment 13-8-2010) by a three-member bench of the Ce... — Facts: The decision in this case is given by a three-member Bench of CAT as two benches of the Tribunal expressed different opinions in regard to payment of Time Related Continuity Allowance and Productivity Linked Bonus to provisionally appointed Gramin Dak Sevaks (GDS) of the Postal Department. Number of Division Bench to name the few - 576 of 2007, M. Shuhurdeen v. Assistant Superintendent of Post Offices, Trivandrum East Sub-Division and others decided on 3-7-2008 and in O.A. Nos. 1197 of 2000 and 423 of 2003 decided that provisionally appointed GDS after following all procedures and formalities prescribed for regular appointment are entitled for TRCA and Productivity Linked Bonus after they complete minimum of one year service. But in the case of D. Kaladharan v. Sub-Postmaster, Chavara and others in O.A. No. 698 of 2007, the Tribunal held that provisionally appointed GDS are not eligible for TRCA and productivity bonus. As there was difference of views, the Tribunal in O.A. No. 605 of 2008 referred the case to a three-member larger Bench. Accordingly, the present three-member Bench heard this case. The Bench after taking note of precedent judgments in case of Rooplal v. Lt.-Governor [ (2006) 1 SCC 644 ], Vijay Laxmi Sadho (Dr.) v. Jagdish [ (2001) 2 SCC 247 ] and State of Bihar v. Kalika Kuer [ (2003) 5 SCC 448 ], held that provisionally appointed GDS after following all formalities and procedures are entitled for TRCA and Productivity Linked Bonus after they complete one year of service. In the present O.A. No. 516 of 2009, P. Hareesh v. Union of India and others, the case was referred to larger bench as the earlier two benches differed in their views as stated above. D.G. Posts by its Letter No. 17-115/2001-GDS, dated 21-10-2002 issued guidelines for regulating substitute / provisional appointments made in place of regular GDS. Provisional GDS appointment should be made only in cases where the GDS is not in a position to discharge his duties and responsibilities due to various reasons noted in that letter. In case the posts fall vacant unexpectedly or in long-term deputation of GDS to APS, etc., provisional appointment may be resorted to, provided internal arrangement of looking after the posts with the existing staff from adjacent section, etc., is not possible. "Where provisional appointment becomes unavoidable, action may be initiated to fill the post following all formalities for regular appointment, but clearly stipulating that the appointment is on a provisional basis. On no account, should a provisional appointment be made without following every formality that is prescribed for regular appointment." In that letter, it was also stipulated that the provisional appointment should not exceed 90 days. If that limit is to be exceeded, prior approval should be obtained from Competent Authority as a one-time basis for reasons to be recorded. In that connection, it was held: