IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 25TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B.M.SHYAM PRASAD WRIT PETITION NOS.56319-56320 OF 2014(S-CAT) BETWEEN :
1. ALL INDIA RMS & MMS EMPLOYEES UNION GROUP ‘C’ REPRESENTED BY SRI. A.SRINIVASA, CIRCLE SECRETARY, AGE 49 YEARS, SON OF K.ANJANAPA, WORKING AS SORTING ASST. BENGALURU CITY RAILWAY MAIL SERVICE, BENGALURU – 560 023. RESIDING AT: NO.576, RAMAGONDANAHALLI, WHITE FIELD, BENGALURU – 560 066.
2. V.SHANTHA KUMAR, AGE 53 YEARS, SON OF M.C.VARADAIAH, WORKING AS MAIL GUARD, AT: SUB RECORD OFFICE, RAILWAY MAIL SERVICE, MYSORE – 570 021 RESIDING AT: NO.1800, H.D.O. LAYOUT, SAKTHINAGAR, MYSURU – 570 029. ..PETITIONERS (BY SRI.KAMALESAN P., ADVOCATE) AND :
1. UNION OF INDIA & OTHERS, REPRESENTED BY SECRETARY, DEPARTMENT OF PERSONAL AND TRAINING, NEW DELHI – 110 001.
2. THE SECRETARY, MINISTRY OF FINANCE AND DEPARTMENT OF EXPENDITURE, GOVERNMENT OF INDIA, NEW DELHI – 110 001.
3. THE SECRETARY, DEPARTMENT OF POST, DAK BHAVAN, NEW DELHI – 110 001.
4. CHIEF POST MASTER GENERAL, KARNATAKA CIRCLE, BENGALURU – 560 001. …RESPONDENTS (BY SRI.SHASHIKANTHA C., ASSISTANT SOLICITOR GENERAL FOR RESPONDENT NOS. 1 TO 4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.06.2014 VIDE ANNEXURE ‘A’ PASSED BY CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH IN O.A. NO.523 AND 524 OF 2013 AND ETC.
THESE WRIT PETITIONS COMING ON FOR HEARING, THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING: ORDER The case of the petitioners is that they are the employees of the Railways Mail Service Wing of the Postal Department, Karnataka Postal Circle. That they are receiving the prevailing OTA rates that were laid down in OM dated 19.03.1991 issued by the Union Ministry of Finance and DOPT’s OM dated 21.11.1997. The pay structure of the Central Government employees have been revised on the basis of the recommendations of the V and VI Central Pay Commission, but the OTA continues to follow the old rate.
2. Therefore, the instant applications were filed before the Central Administrative Tribunal, Bengaluru Bench seeking enhancement of the said rates. The Tribunal by the order dated 19.06.2014 came to the conclusion that the Department of Posts is not the sole agency to arrive at such a decision; that they are not in a position to revise the OTA since it is a policy decision of the Government. In support whereof the judgment of the Madras Bench of the Tribunal was considered. Questioning the same, the present petition is filed.
3. Learned counsel for the petitioner contends that once the basic pay has been revised, necessarily OTA rates also require to be revised. Therefore he pleads that the respondents be directed to enhance the rates or to grant some relief to the petitioners and similarly placed persons by revising the rates. The same is disputed by the respondents.
4. On hearing learned counsels, we do not find any merit in this petition. This Court cannot interfere in such matters and issue a direction for revision of pay scales, emoluments etc. It is a decision of the Government. If they have not done so, the appropriate remedy is always available to the petitioners elsewhere. The Tribunal in our considered view would not have jurisdiction to issue such a direction to the Union of India to enhance the rates.
Furthermore, a writ cannot be issued on policy matters of the Government.
5. Under these circumstances, we do not find any error committed by the Tribunal that calls for any interference. Therefore, the petitions being devoid of merit are dismissed. Rule discharged.
SD/- SD/-
JUDGE JUDGE akc/-