Judgment:
K. Elango, J.
The first application has been filed by All India Postal Extra Departmental Employees’ Union (Gramin Dak Sevak Union) represented by its General Secretary, Joh Britto and two others and the second application is filed by All India Postal Extra Departmental Employees’ Union, Thiruvarur Branch and another for the following relief:
“to call for the records relating to the impugned order issued by the 2nd respondent bearing No.26/4/2008-PAP dated 9-2.2009 and quash the same in so far as it denies enhanced Productivity Linked Bonus as illegal and arbitrary and also prays for a direction to refund the amount of recovery if any from the applicants.”
2. The case of the applicants that though they have been given Productivity Linked Bonus like other Central Government Employees from the financial year 2005-2006 and they have also been given the enhanced bonus, pursuant to the monthly emoluments celling was enhanced to Rs.3,500/- from Rs.2,500/-. While so, the second respondents vide his letter dated 9.2.2009 has clarified that the orders of the Ministry of Finance regarding payment of bonus on revised calculation celling are applicable to eligible Central Government Departmental Employees only, Pursuant to the said clarificatory order, the third respondent has issued orders to all the Regional and Divisional Heads to recover the amount of excess bounds already paid to all the GDS employees, Challening the same, they have come before this Tribunal with the aforementioned relief.
3. A separate but identical reply has been filed by the respondents in these applications. They reiterated their stand taken in the impugned order that the revised celling of Rs.3,500/- conveyed in Ministry of Finance O.M. Dated 10.10.2008 and 21.10.2008 and subsequent clarificatory order dated 9.2.2009 is applicable only to regular Central Government employees and not to GDS and hence the order issued by the Department for recovery of bonus incorrectly paid is correct and in order. According to the respondents, there is no discrimination on the part of the them in any manner. They therefore prayed for dismissal of the applications.
4. We have heard the learned counsel on both sides and perused the pleadings and the materials on record.
5. While the OAs were taken up for admission, this Tribunal has granted an interim order to stay for the recovery of the overpayment of bonus consequent to the order dated 9.2.2009. During the hearing, learned counsel for the applicants brought to our notice the order dated 8.5.2009 passed by the Chandigarh Bench of this Tribunal in O.A.256/PB/2009 wherein the applicants have challenged the very same order dated 9.2.2009. The said Bench relying on the decision of the Apex Court in the case of Union of India and Other Vs. Kameshwar Prasad, (1998 SCC (LandS) 447) observed that the applicants are Government employees holding civil posts under the Union and are entitled to protection of Articles 311(2) like other Govt, Employees. They are, therefore entitled to payment of bonus like other Central Government employees and the recovery being made from them is illegal, arbitrary and violative of Articles 14 and 16 of the Constitution. In these circumstances, the Chandigarh Bench held that the applicants entitled to grant of adhoc bonus for the years 2006-07 and 2007-08 at the revised calculation ceiling mentioned in the order dated 10.10.2008. Recovery, if any of the said amount made from the applicants should be refunded to them immediately and in any case not later than within one month from the date of receipt of a copy of the order.
6. Since the Hon’ble Supreme Court in Kameshwar Prasad’s has already held that EDDAs or GDS employees are Government servants holding civil post under Union of India and they are entitled to protection of Articles 311(2) of the Constitution and following the orders passed by the Chandigarh Bench of this Tribunal, we are of the view of the applicants herein are entitled to the grant of Productivity Linked Bonus and also enhanced bonus on revised calculation of ceiling. The same shall be paid to them. Interim order for the stay of recovery is made absolute. However, before passing the interim order by us if any recovery is made, the same shall be refunded to the applicants. The above direction shall be complied with within one month from the date of receipt of a copy of this order. The OAs are allowed accordingly. In the circumstances, there will be no order as to costs.