X-18/12/2024-SPN-II-DOP
All Heads of Circles
Government of India
Ministry of Communications
Department of Posts (Personnel Division)
Dak Bhawan, Sansad Marg, New Delhi 110001,
Dated: November, 2024
ToAll 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.
X-18/12/2024-SPN-II-DOP
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.
I/110200/2024
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.
2.
Previous judgements/order given by Hon'ble Tribunals/High Courts/Supreme Court of India in the RTP matter:
(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
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