Previous orders/judgements of Hon'ble Tribunal/High Court/Supreme Court of India given in the favour of Department filed by RTP in DOP

RTP Case Previous Order / Judgement in favour of Department of Posts vide X-18/12/2024-SPN-II dated 22.11.2024 communicated to all Head of the Circle for followup action.

X-18/12/2024-SPN-II 

Government of India 

Ministry of Communications 

Department of Posts

(Personnel Division)

22 NOV 2024

BENGALURU

New Delhi Dated:

Dak Bhawan, Sansad Marg, 110001, November, 2024

To

All Heads of Circles

Subject: Previous orders/judgements of Hon'ble Tribunal/High Court/Supreme Court of India given in the favour of Department filed by Reserved Trained Pool personnel for counting of their RTP service before their regular appointment as Postal Assistant/Sorting Assistant, for purpose of various service matter.

Madam/Sir,

I am directed to say that recently it is observed that a number of cases have been filed/are being filed in connection with counting of Reserved Trained Pool Service rendered by them before their regular appointment as Postal Assistant/Sorting Assistant, the purpose of various service matter i.e. for MACP/seniority/regularization of RTP service.

2. Due to lack of previous judgements/orders given by Hon'ble Tribunal/High Court/Supreme Court of India in favour of Department in similar type of cases or order being in a case of other Postal Circles, Circles are unable to quote such orders/judgement. Apart from general rules/guidelines, referring of previous judgments/order at the initial stage are very vital step to get judgement in the favour of Department. If the points raised by the applicant is not challenged with supporting documents elaborating the adverse effect in clear terms, it would be very difficult to get a favourable order. Further, if an application is allowed in the initial stage, there would be lesser chances of getting a favourable decision at appeal stage. As such, it is very imperative, cases at initial stage must be defended meticulously.

3.Some of orders/judgements of Hon'ble Tribunal/High Court/Apex Court of India given in the favour of Department in RTP cases are hereby circulated as Annexure-I through India Post website to all Postal Circles for reference. These orders may be downloaded from respective website of Tribunal/Courts. All Postal Circles are also requested any other judgements/orders of Tribunals/High Courts/Apex Court given in favour of Department in RTP cases must be circulated to all other Circles including Directorate for reference.

Encl. As above.

Signed by Yours faithfully,

Vangara Prasad

Date: 18-11-2024 17:24:48

(Vangara Prasad)

Assistant Director General (SPN)

Copy to: GM, CEPT with request to upload this order at India Post website for information of all Postal Circles.

Annexure-I 

RESERVE TRAINED POOL SCHEME: 

Department vide letter no. 60/36/80- SPB-II dated 30.10.1980 had introduced RTP scheme for Postal Assistant and Sorting Assistant in Postal and RMS Divisions with a view to ensure smooth flow of work in operative offices, which at times was hampered due to absence and other causes and meeting with staff shortage with overtime arrangement was not found to be a satisfactory solution. As per this scheme, at the time recruitment in each recruiting unit, after the main select list for the number of available vacancies is dawn up, a specific additional reserve list of candidates equal in number to fifty percent of the number of candidates in the main select list was to be drawn up. The candidates in the reserve list were also imparted the requisite training like the candidates in the main list. Thus, the candidates in the reserve list constituted a standing pool of trained reserve, who were to be eventually absorbed as regular employees as and when vacancies arise. Till such time as they were given regular appointment, their services were to be used as short duty staff against vacancies due to absence or other reasons and also for handing peak hour traffic. They were to be employed for a maximum of eight hours per day. It was laid down in the said Scheme that since the Reserve Trained Pool (RTP) candidates were recruited as a stand-by over and above the vacancies announced at the time of recruitment, these surplus recruited candidates were to be given priority of absorption against vacancies for subsequent recruitment. This scheme was discontinued vide letter no. 60-31/81-SPB-I dated 4.03.1986.

Thus, RTP Scheme did not envisage any right for counting of RTP service rendered prior to regular appointment, for any purpose. As per the Scheme, the constitution of standing pool of trained reserve candidates was made to meet the emergent needs of manpower in Post Offices and RMS Office, for ensuring smooth flow of work in operative offices.

The Scheme did not provide for automatic absorption of reserve list candidates into Department but provided absorption of reserve list candidates into the Department in future vacancies as regular employees in the manner set out in the scheme.RTP candidates were much aware of the fact that they were not regular appointees and they would be paid wages on hourly basis only.High Previous judgements/order given by Hon'ble Tribunals/High Courts/Supreme Court of India in the RTP matter:

2.(i) Hon'ble Apex Court judgment dated 01.08.1997 in Civil Appeal No. 5268/97 (SLP (C) No. 17422/95) CA No. 126/96, 124-125/96, 127-130/96 & 131/96)- [case of Shri K.N. Sivadas & Ors filed for counting of RTP service for departmental examination]: Hon'ble Apex Court had passed the order that any service rendered by RTP personnel prior to their regular appointment in the cadre cannot count for the purpose of the said rule because it cannot be considered as service in any eligible cadre.

Hon'ble Apex Court had categorially dismissed the claim of the applicant to count service of RTP as a regular for appearing in departmental examination which is tantamount to not count RTP service as regular.

(ii) Order dated 24.01.2023 of Hon'ble High Court of Madras Bench in WP No. 13633/2020 and 1540,289 & 188/2021 and WP No. 16929/2020, 1743,258 & 361/2021: Applicants in this case had sought that their service as RTP should be counted for fixation of seniority/ financial upgradation. Hon'ble High Court had dismissed the case.

(iii) Order dated 04.11.2024 of Hon'ble High Court of Madras Bench in WP No. 1373/2021 and WMP No. 1545/2021: Applicants in this case had sought for relief for regularization of RTP service/fixation of seniority and pay and allowances. Hon'ble High Court has dismissed their demands.

(iv) Common order dated 30.09.1999 of Hon'ble Ernakulam Bench in OA No. OA No. 1178/1996 and 34 others: Applicants had claimed to revise the seniority of the applicants with reference to their initial date of appointment as RTP. CAT, Ernakulam Bench vide its order dated 30.09.1999 had dismissed the

case.

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