Kerala High Court
The Director Of Accounts (Postal) vs Postal Accounts And Audit Pensioners ... on 23 July, 2025
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OPCAT 40/2025
2025:KER:54821
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
OP (CAT) NO. 40 OF 2025
AGAINST THE ORDER DATED 20.12.2024 IN OA NO.645 OF 2022 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS:
1 THE DIRECTOR OF ACCOUNTS (POSTAL)
OFFICE OF THE DIRECTOR OF ACCOUNTS (POSTAL),
THIRUVANANTHAPURAM, PIN - 695001
2 CHIEF POST MASTER GENERAL, KERALA CIRCLE
OFFICE OF THE CHIEF POST MASTER GENERAL, KERALA CIRCLE,
THIRUVANANTHAPURAM, PIN - 695033
3 THE DIRECTOR (BUDGET & ADMINISTRATION)
POSTAL ACCOUNTS WING, DEPARTMENT OF POSTS INDIA, DAK BHAVAN,
NEW DELHI, PIN - 110001
4 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF COMMUNICATIONS &
IT, DEPARTMENT OF POSTS, (POSTAL & ACCOUNTS WING), DAK
BHAVAN, SANSAD MARG, NEW DELHI, PIN - 110001
BY ADV SHRI.T.V.VINU, CGC
RESPONDENTS/APPLICANTS:
1 POSTAL ACCOUNTS AND AUDIT PENSIONERS ASSOCIATION
THIRVUANANATHAPURAM, REG NO. TVM/TC/294/2013 REP. BY ITS
GENERAL SECRETARY K. JAYACHANDARAN, PIN - 695001
2 K. JAYACHANDRAN, AGED 73 YEARS
S/O KUNJUKRISHNAN, RETIRED ASSISTANT ACCOUNTS OFFICER,
OFFICE OF THE DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE,
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THIRUVANANTHAPURAM RESIDING AT EF-7/162, CHAITHRAM,
P.T.CHACKO NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM,
PIN - 695011
3 MARY D'CRUZ, AGED 72 YEARS
W/O. LEON D 'CRUZ, RETIRED ASSISTANT ACCOUNTS OFFICER,
OFFICE OF THE DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE,
THIRUVANANTHAPURAM, RESIDING AT LESLIE HOUSE, B-5, TENNIS
CLUB ENCLAVE, KAUDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003
4 V. KUTTAPPAN NAIR, AGED 80 YEARS
S/O VESUDEVAN PILLAI S., RETIRED SENIOR ACCOUNTANT, OFFICE
OF THE DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE,
THIRUVANANTHAPURAM NOW RESIDING AT GITANJALI, T.C.NO.48/91,
AMBALATHARA, POONTHURA P.O., THIRUVANANTHAPURAM, PIN -
695026
5 P. J. ALEYKUTTY, AGED 78 YEARS, W/O C. K. VARGHESE, RETIRED
SENIOR ACCOUNTANT, OFFICE OF THE DIRECTOR OF ACCOUNTS
(POSTAL), KERALA CIRCLE, THIRUVANANTHAPURAM. NOW RESIDING AT
MAVILATHU HOUSE NO.26, BETHANY NAGAR, NALANCHIRA P.O.,
THIRUVANANTHAPURAM, PIN - 695015
6 S. PARAMESWARAN, AGED 76 YEARS
S/O S. M. SOODAMONY, RETIRED JUNIOR ACCOUNTS OFFICER, OFFICE
OF THE DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE,
THIRUVANANTHAPURAM. NOW RESIDING AT INDIRA BHAVAN, IRAKKOM
ROAD, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014
7 ELIZABETH KUNJUMON, AGED 74 YEARS, W/O KUNJUMON, RETIRED
SENIOR ACCOUNTANT, OFFICE OF THE DIRECTOR OF ACCOUNTS
(POSTAL), KERALA CIRCLE, THIRUVANANTHAPURAM. NOW RESIDING AT
AN 125, MADATHIL HOUSE, ADARSH NAGAR, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, PIN - 695004
8 N. PADMANABHAN, AGED 72 YEARS
S/O N. NAMBI LYER, RETIRED ASSISTANT ACCOUNTS OFFICER,
OFFICE OF THE DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE,
THIRUVANANTHAPURAM. NOW RESIDING AT T.C.NO.42/137, CLRA-54,
PADMASARAS, SREEVARAHAM, MANACAUD P.O., THIRUVANANTHAPURAM,
PIN - 695009
9 K. VILASINI, AGED 76 YEARS
D/O. KRISHNANKUTTY NAIR, RETIRED SENIOR ACCOUNTANT, OFFICE
OF THE DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE,
THIRUVANANTHAPURAM. RESIDING AT ASWATHY, TC.NO. 10/546,
VARUTHIYIL HOUSE, MUKATTUKARA, NETTISSERY P.O., THRISSUR,
PIN - 687033
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10 P. SARASWATHY, AGED 75 YEARS
W/O PADMANABHAN, RETIRED SENIOR ACCOUNTANT, OFFICE OF THE
DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE,
THIRUVANANTHAPURAM. NOW RESIDING AT 'LAKSHMI', TC.24/127/2
DEVI NAGAR, DNRA-30, POONKUNNAM P.O., THRISSUR, PIN - 687002
11 S. JAYASREE, AGED 69 YEARS, W/O. V. R. S. UNNITHAN, RETIRED
ASSISTANT ACCOUNTS OFFICER, OFFICE OF THE DIRECTOR OF
ACCOUNTS (POSTAL), KERALA CIRCLE, THIRUVANANTHAPURAM. NOW
RESIDING AT V.P-6/115, SRA 144, SREENAGAR, MANIKANTESWARAM
P.O., THIRUVANANTHAPURAM, PIN - 695013
12 K. THULASEEDARAN, AGED 76 YEARS
S/O KOCHUSANKARAN, RETIRED SENIOR ACCOUNTANT, OFFICE OF THE
DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE,
THIRUVANANTHAPURAM. NOW RESIDING AT T.C.5/1547, PADMAM
PEROORKADA P.O., THIRUVANANTHAPURAM, PIN - 695005
13 T. K. MARY PHILOMENA, AGED 73 YEARS
W/O JOSEPH SEBASTIAN, RETIRED SENIOR ACCOUNTANT, OFFICE OF
THE DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE,
THIRUVANANTHAPURAM. NOW RESIDING AT KARIKKAMPALLY, SNRA-107,
SOORYA NAGARA, NETTAYAM, THIRUVANANTHAPURAM, PIN - 695013
14 VALSAMMA SAMUEL, AGED 73 YEARS
W/O SAMUEL, RETIRED SENIOR ACCOUNTANT, OFFICE OF THE
DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE,
THIRUVANANTHAPURAM. NOW RESIDING AT TC.NO.5/1844, MARY
COTTAGE, NADAKAVU LANE, PEROORKADA P.O., THIRUVANANTHAPURAM,
PIN - 695005
15 D. RAJENDRAN, AGED 74 YEARS, S/O DAMODARAN T.N., RETIRED
ASSISTANT ACCOUNTS OFFICER, OFFICE OF THE DIRECTOR OF
ACCOUNTS (POSTAL), KERALA CIRCLE, THIRUVANANTHAPURAM. NOW
RESIDING AT T.C.76/436, ANAYARA NAGAR, ANAYARA P.O.,
THIRUVANANTHAPURAM, PIN - 695029
16 K. RAMAKRISHNAN, AGED 71 YEARS
S/O KRISHNA IYYER, RETIRED ASSISTANT ACCOUNTS OFFICER,
OFFICE OF THE DIRECTOR OF ACCOUNTS (POSTAL) KERALA CIRCLE,
THIRUVANANTHAPURAM. NOW RESIDING AT TC 3070, KRISHNAN KOIL
STREET, KARAMANA P.O., THIRUVANANTHAPURAM, PIN - 695022
17 C. RAJAMMA, AGED 74 YEARS, W/O K. VELAPPAN, RETIRED
ASSISTANT ACCOUNTS OFFICER, OFFICE OF THE DIRECTOR OF
ACCOUNTS (POSTAL), KERALA CIRCLE, THIRUVANANTHAPURAM. NOW
RESIDING AT C-8 982(B), KRISHNAKRIPA, THIRUMALA P.O.,
THIRUVANANTHAPURAM, PIN - 695006
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18 K. SYAMALA KUMARI, AGED 73 YEARS, W/O MANOHARAN NAIR,
RETIRED SENIOR ACCOUNTANT, OFFICE OF THE DIRECTOR OF
ACCOUNTS (POSTAL), KERALA CIRCLE, THIRUVANANTHAPURAM. NOW
RESIDING AT K.M.S.NILAYAM, KEEZHEVILAKAM, KERALADITYAPURAM,
THIRUVANANTHAPURAM, PIN - 695587
19 K. K. RAJAMMA, AGED 73 YEARS
W/O K. G. SASIDHARAN NAIR, RETIRED SENIOR ACCOUNTANT, OFFICE
OF THE DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE,
THIRUVANANTHAPURAM. NOW RESIDING AT T.C.38/1284, ASWATHI,
VARA-638, ARAPPURA NAGARA, THIRUVANANTHAPURAM, PIN - 695013
20 N. DIVAKARAN NAIR, AGED 75 YEARS
H/O. LATE SANTHAKUMARI AMMA, RETIRED ASSISTANT ACCOUNTS
OFFICER, OFFICE OF THE DIRECTOR OF ACCOUNTS (POSTAL), KERALA
CIRCLE, THIRUVANANTHAPURAM, NOW RESIDING AT SREEDEVI NIVAS,
TC 22/533(1) TJRA-192, SASTHAMANGALAM P.O.,
THIRUVANANTHAPURAM, PIN - 695010
21 KALYANI K., AGED 77 YEARS, W/O. LATE KUNHIRAMAN P., RETIRED
SENIOR ACCOUNTANT, OFFICE OF THE DIRECTOR OF ACCOUNTS
(POSTAL), KERALA CIRCLE, THIRUVANANTHAPURAM RESIDING AT TC
10/1661(2), ASWATHY, PULIMOODU LANE, VATTIYURKAVU,
THIRUVANANTHAPURAM, PIN - 695013
BY ADV SHRI.K.B.GANGESH - FOR R1, R2
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 23.07.2025, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
(Dated this the 23rd day of July 2025)
Basant Balaji J.,
1. This Original Petition is filed by the Respondents in O.A.No.
180/00645/2022 on the files of the Central Administrative Tribunal,
Ernakulam Bench. Respondents 2 to 19 are retired officials--Assistant
Accounts Officers, Senior Accountants, and Junior Accountants--who
previously served in the office of the Director of Accounts for the Kerala Circle
of the second Petitioner.
2. Respondents 20 and 21 are the surviving spouses of deceased employees.
The employees all began their careers in the Postal Department as Lower
Division Clerks and were subsequently promoted to Junior Accountant and
then to Senior Accountant. Concurrently, direct recruits also attained the rank
of Senior Accountant after 12 years of service under the Assured Career
Progression (ACP) and Modified Assured Career Progression (MACP)
schemes.
3. The grievance in the Original Application is that junior direct recruits were
drawing higher pay than the Applicants, even though they were on the same
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seniority list. The Applicants submitted representations to rectify this anomaly
by having their pay "stepped up." Subsequently, some of the affected
individuals filed O.A. No.2124 of 2011 with the Principal Bench of the
Tribunal. This petition was allowed by the Annexure - A1 order. The
department then implemented the Tribunal's directions not only for the
Applicants but also for other similarly situated employees who had not filed a
petition.
4. When their representations went unaddressed, the Respondents filed O.A.
No.145 of 2016 with the CAT, Kochi, which was allowed by the Annexure -
A6 order dated 3 December 2020. As the order was not implemented, a
Contempt Petition was filed. Following this, an amount was disbursed to the
Respondents via the Annexure - A7 order. The Respondents contend that the
disbursed amount is not in accordance with the previous Annexure - A1 or
Annexure - A6 orders. A subsequent representation was made on this issue but
was not considered, which led to the filing of the present Original Application
before the Central Administrative Tribunal, Ernakulam Bench.
5. The Petitioners filed a reply asserting that the benefits granted in Annexes -
A4 and A5 orders were issued in error. Therefore, they argued, the
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Respondents cannot be granted the same benefit, as it would perpetuate the
mistake. The Petitioners further contended that the "stepping up" of pay
should apply only to the pay itself, not the pay scale, and should not include
grade pay. They maintained that the Annexure - A7 order, dated 7 May 2021,
was correctly issued because it only factored in the Respondents' pay. In their
rejoinder, the Respondents countered this argument by stating that "pay"
includes grade pay and that the department had already taken into this
consideration when issuing the Annexure - A4 order.
6. The Tribunal's impugned order (Ext.P5) set aside Annexure - A7 and
directed that the Respondents' pay be reworked and revised. It further ordered
that the arrears resulting from this revision must be paid within eight weeks.
7. Heard Shri.T.V.Vinu, Central Government Counsel for the Petitioners and
Shri.K B Ganesh for the Respondents.
8. The Central Government's counsel contended that Annexure - A7 correctly
stepped up the Respondents' pay to bring it on par with their junior direct
recruits. The counsel explained that the Principal Bench of the Tribunal had,
in its Annexure - A1 order, only directed that pay be stepped up to match
juniors who had received benefits under the ACP scheme. According to the
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counsel, when the department implemented Annexure - A1, the competent
authority erroneously included grade pay in the calculation. Therefore, while
the Respondents are seeking a similar remedy, the department cannot grant it,
as doing so would perpetuate a past mistake. The counsel asserted that the
principle of stepping up pay must be applied without reckoning grade pay,
which makes Annexure - A7 perfectly consistent with the original directives in
Annexures A1 and A6. The counsel also relied on clarifications issued by the
Ministry of Communications & IT on 19 March and 9 April 2014.
9. The Respondents' counsel submitted that the department had complied
with the Annexure - A1 order by issuing Annexures A4 and A5, which stepped
up the pay of similarly situated individuals. These orders have not been
reviewed or modified. The counsel contended that the department took a
different stand only in the case of the Respondents by issuing Annexure - A7.
He argued that when a pay is stepped up, grade pay must also be included, and
the department's own actions in Annexures A4 and A5 demonstrate this
principle. Therefore, the counsel argued that the Tribunal rightly allowed the
Original Application, directing the department to rework the pay and disburse
the arrears.
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10. The Central Administrative Tribunal's Principal Bench issued
Annexure - A1, an order in O.A. No. 2124 of 2011, on 1 February 2013.
Subsequently, the Patna Bench passed a similar order in O.A. No.440 of 2014.
To implement these orders, Annexures A4 and A5 were issued on 7 July 2014,
and 28 October 2015, respectively. Respondents 2 to 21 later filed their own
petition, O.A. No. 80/00145/2016. By its Annexure A6 order dated 3
December 2020, the Tribunal allowed the petition, declaring that the
Respondents were also entitled to the benefit of stepping up of pay. When this
order was not complied with, contempt of court cases were filed, which led to
the issuance of Annexure - A7, purportedly in compliance with Annexure -
A6.
11. The present Original Application was filed because the Tribunal
noted it could not interfere with Annexure - A7 by invoking its contempt
jurisdiction. It is significant that Annexures - A4 and A5, were issued after the
Ministry's clarifications of March and April 2014. This timeline invalidates the
Petitioners' claim that a mistake was committed while implementing Annexure
- A1 through those orders. Since the Respondents are similarly situated to the
beneficiaries of Annexures - A4 and A5, they are simply seeking parity with
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the earlier orders.
12. The Petitioners' counsel failed to provide any documentary evidence
to substantiate the claim that the stepping up of pay via Annexures - A4 and
A5 was a mistake. Given that Annexures - A1 and A2 were implemented pan
India, the Respondents, as similarly situated individuals, are entitled to the
same benefit. Therefore, the Tribunal was correct in allowing the Original
Application and directing the stepping up of pay and the disbursement of
arrears. We find no grounds to interfere with the order in Ext.P5.
13. The Respondents are all retired individuals who have been seeking
relief from the Petitioners since 2015. Despite the department having
implemented Annexure - A1 for similarly situated employees in 2014 and
2015, the Respondents were forced to file a petition with the Tribunal in 2016.
Although that petition was allowed in 2020, the Petitioners failed to grant the
ordered reliefs. This compelled the Respondents to approach the Tribunal
again in 2022, leading to the present impugned order. The Respondents, all
of whom are now over 70 years of age, have been forced to litigate for nearly a
decade for a benefit that was granted to others--including those who did not
even file a petition--in 2014 and 2015. Given the Petitioners' prolonged delay
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in disbursing the arrears legitimately due to the Respondents since 2015, we
are of the considered opinion that they should be adequately compensated.
Therefore, we award a cost of Rs.10,000/- each (Rupees ten thousand only) to
Respondents 2 to 21. The Petitioners are directed to implement the Tribunal's
orders and pay the awarded cost along with the arrears within six weeks from
today.
The Original Petition is disposed of as above.
SD/-
NITIN JAMDAR
CHIEF JUSTICE
SD/-
BASANT BALAJI
JUDGE
dl/
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APPENDIX OF OP (CAT) 40/2025
PETITIONER ANNEXURES
Annexure A7 TRUE COPY OF ORDER NO. 85/ ADMN II /STEPPING UP
/2021 DATED 07.05.2021 ISSUED BY THE 1ST
RESPONDENT
Annexure A1 TRUE COPY OF ORDER DATED 01.02.2013 IN OA NO.
2124/2011 PASSED BY THE PRINCIPAL BENCH OF CAT,
NEW DELHI
Annexure A2 TRUE COPY OF OFFICE MEMORANDUM DATED 24.07.2015
ISSUED BY THE 3RD RESPONDENT ALONG WITH TYPED COPY
Annexure A3 TRUE COPY OF REPRESENTATION DATED 15.08.2015
PREFERRED BY 1ST APPLICANT TO THE 3RD RESPONDENT
Annexure A4 TRUE COPY OF ORDER DATED 07.07.2014 ISSUED BY THE
1ST RESPONDENT ALONG WITH TYPED COPY
Annexure A5 TRUE COPY OF ORDER DATED 28.10.2015 ISSUED BY THE
1ST RESPONDENT ALONG WITH TYPED COPY
Annexure A6 TRUE COPY OF ORDER OF THIS HON'BLE TRIBUNAL IN OA
NO. 180/00145/2016 DATED 03.12.2020
Annexure A8 TRUE COPY OF OBJECTION DATED 20.05.2021 PREFERRED
BY THE APPLICANTS TO THE 1ST RESPONDENT
Annexure A9 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANTS TO THE 1ST RESPONDENT DATED 26.07.2021
Annexure A10 TRUE COPY OF COMPLIANCE AFFIDAVIT FILED BY
RESPONDENTS WITH ANNEXURES IN CP(C) NO. 12/2022
Annexure R1 DAP LETTER DATED 9.8.2021 ALONG WITH DIRECTORATE
LETTER DATED 03.08.2021
Annexure R2 DAP LETTER DATED 11.10.2021 ALONG WITH DIRECTORATE
LETTER DATED 21.09.2021
Annexure R3 ORDER OF THE HON'BLE TRIBUNAL DATED 17.08.2022 IN
C.P.(C) 12/2022
Annexure R4 DAP LETTER DATED 06.12.2022
Exhibit P1 A TRUE COPY OF THE O.A.NO.180/00645/2022, DATED
18.10.2022 BEFORE THE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH, BY THE RESPONDENTS
HEREIN
Exhibit P2 A TRUE COPY OF THE REPLY STATEMENT IN O.A.
NO.180/00645/2022, DATED 16.03.2023 FILED BY THE
PETITIONERS HEREIN
Exhibit P3 A TRUE COPY OF THE REJOINDER IN NO.180/00645/2022,
DATED 20.06.2023 FILED BY THE RESPONDENT HEREIN
Exhibit P4 A TRUE COPY OF THE ADDITIONAL REPLY STATEMENT IN
O.A. NO.180/00645/2022, DATED 14.09.2023 FILED BY
THE PETITIONERS HEREIN
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Exhibit P5 A TRUE COPY OF THE ORDER DATED 20.12.2024 IN
O.A.NO.180/00645/2022 ISSUED BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
Annexure A1 The official copy of the Order dated 01.02.2013 in
OA No. 2124/2011 passed by the Central
Administrative Tribunal, Principal Bench, New
Delhi
