A filing challenged an LTBU award regarding denials of various demands. The government provided a status report answering pending demands, resulting in the closure of the writ petition and connected miscellaneous petitions without adjudication on merits.
Writ petition and connected miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.10728 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.10728 of 2013 and M.P.Nos.1 and 2 of 2013
The Secretary (P), Department of Posts, Dak Sevak Bhawan, New Delhi-110001.
... Petitioner
-Vs-
Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records of the second respondent Tribunal relating to the Impugned award dated 25.09.12 made in I.D.No.95 of 2011 and quash the same.
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W.P.No.10728 of 2013
For Petitioner : Mr.A.Kumaraguru, CGSPC For Respondents R1 : No appearance R2 : Tribunal
ORDER This Writ Petition has been filed challenging the award dated
25.09.2012 passed by the second respondent, in I.D.No.95 of 2011,
thereby declared the denial of demand nos. XIII, XV, XVII and XIX is not legal and justified and denial of demand nos. X, XI, XII and XIV is legal and justified by the petitioner.
materials available on record.
was considered and answered in the status report dated 18.07.2023, which are as follows:-
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W.P.No.10728 of 2013
| XIII | Grant of Informal Trade facilities Petitioner's Union. |
As per the provisions of CCS (RSA) Rules, Union 1993, trade union facilities are provided only to Recognized Service Associations only. The applicant's Association is not recognized by the Department, so it is not entitled to any trade union facilities. |
|---|---|---|
| XV | Removal of imbalance in LSG/HSG II/HSG I Cadres. |
As part of cadre restructuring, Postal Directorate vide memo no :25-04/2012-PE I dated 27.05.2016 has increased the no of posts in selection grade as below: LSG is 3021 from 588 HSG II 917 from 99 HSG I: 246 from 147 There is no imbalance in the LSG/HSG I and HSG II cadres. |
| XVII | Restoration of post reduced/abolished in Excess over the policy decision of the Government. |
Action of the Department was strictly in accordance with the instructions issued by the Government of India. There was no excess abolition of posts as contented by the Union. |
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W.P.No.10728 of 2013
| XIX | Revival of 690 Postal Asst | There wa |
s no erroneous |
|---|---|---|---|
| Posts erroneously abolished during the process of creation of 1622 Higher Selection Grade I posts by conversion of 10% Higher selection Grade II posts |
abolition contented The posts to provide in the pro 1622 addi Higher Se as per instruction Governme the circum no justific the issue. |
of posts as by the union. were abolished matching saving cess of having tional posts of lection Grade I, the standing s of the nt of India. In stances there is ation of reopen |
Consequently, connected Miscellaneous petitions are closed. No costs.
25.07.2023
Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn
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W.P.No.10728 of 2013
To
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W.P.No.10728 of 2013
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.10728 of 2013
25.07.2023
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The Secretary (P), Department of Posts
The General Secretary, All India Postal Employees Progressive Union
The Presiding Officer, The Central Industrial Tribunal-cum-Labour Court
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
