Facts
The applicant no.1, Dayanand Kumar Sinha, was engaged as Gramin Dak Sevak (BPM) at Charuipar BO since 24.05.1995
Source reference: para. 2, p. 2In 2022, he was directed to take charge of a newly opened branch at Muzaffara BO and asked to arrange a substitute for his previous post at Charuipar BO
Source reference: para. 3, p. 2; para. 16, p. 7Applicant no.2, Alka Mani (daughter of applicant no.1), was nominated as the substitute Gramin Dak Sevak (BPM) at Charuipar BO
Source reference: para. 3, p. 2The Postal Department issued a notification dated 01.02.2022, naming applicant no.2 as the substitute
Source reference: para. 4, p. 2; para. 16, p. 7Applicant no.2 worked from 01.02.2022 to 31.08.2022 and was paid Time-Related Continuity Allowance (TRCA) for this period
Source reference: para. 5, p. 2; para. 17, p. 8Subsequently, after another substitute (Gobind Kumar) worked for 89 days from 01.05.2022
Source reference: para. 18, p. 8applicant no.2 was again appointed as substitute Gramin Dak Sevak, BPM at Charuipar BO via a notification dated 01.07.2022, taking charge from 04.07.2022
Source reference: para. 6, p. 3; para. 18, p. 8The notification dated 01.07.2022 did not specify the period of engagement for applicant no.2, unlike previous notifications which mentioned 89 days
Source reference: para. 6, p. 3; para. 18, p. 9Applicant no.1 eventually took charge from applicant no.2 on 22.05.2024
Source reference: para. 7, p. 3The applicants' main grievance is the non-payment of TRCA to applicant no.2 for the period from 01.09.2022 to 21.05.2024
Source reference: para. 8, p. 4The respondents contended that substitute arrangements were only issued for a maximum of 89 days at a time and that applicant no.2 had been paid for the active period of her approved substitution
Source reference: para. 11, p. 5Issues
Whether applicant no.2 is entitled to Time-Related Continuity Allowance (TRCA) for the period from 01.09.2022 to 21.05.2024 for allegedly working as a substitute Gramin Dak Sevak (BPM) at Charuipar BO
Source reference: para. 8.1, p. 1; para. 8, p. 4Law Applied
The court primarily applied the principle that an applicant bears the burden of proof to establish their claim
Source reference: para. 23, p. 12Specifically, for claims of wages or allowance, the applicant must provide proof of engagement and work performed during the disputed period
Source reference: para. 23, p. 12The court also noted the respondents' contention that substitute arrangements for Gramin Dak Sevaks are generally limited to a maximum of 89 days and require due notification
Source reference: para. 11, p. 5; para. 17, p. 8; para. 23(i) & (ii), p. 11Reasoning
The court analyzed the applicants' claim for TRCA for applicant no.2 for the period from 01.09.2022 to 21.05.2024
Source reference: para. 8, p. 4It acknowledged that applicant no.2 had performed duties and received TRCA for an earlier period (01.02.2022 to 31.08.2022)
Source reference: para. 5, p. 2; para. 17, p. 8However, the crucial aspect was the lack of any official notification or order appointing or extending applicant no.2's substitute arrangement for the claimed period
Source reference: para. 19, p. 9The notification dated 01.07.2022, under which applicant no.2 took charge, did not specify an engagement period
Source reference: para. 6, p. 3; para. 18, p. 9The applicants admitted that substitute arrangements for more than 90 days are generally not done
Source reference: para. 17, p. 8; para. 20, p. 10The respondents explicitly denied any substitute arrangement for applicant no.2 for the period in question, stating that official substitutions were limited to 89 days and that combined duty allowance was paid for managing vacant posts
Source reference: para. 11, p. 5; para. 12, p. 5The court noted that directives from the Chief Post Master General and Ministry of Communication cited by the applicants were general in nature and did not specifically mention the applicants
Source reference: para. 22, p. 11Despite requests from the department to provide proof of engagement for the disputed period, the applicants failed to submit any such substitute arrangement memo
Source reference: para. 21, p. 10-11Therefore, the court found the applicants did not discharge their burden of proving applicant no.2's engagement for the claimed period
Source reference: para. 23, p. 12Holding
The court concluded that the applicants failed to establish their case
Due to the absence of any proof on record, such as a notification, for applicant no.2 being entrusted to perform duties as a substitute Gramin Dak Sevak for the period of 01.09.2022 to 21.05.2024, no relief as claimed could be granted
Source reference: para. 24, p. 12Accordingly, the O.A. was dismissed
Source reference: para. 25, p. 12Original Court PDF
Dayanand Kumar Sinha @ Dayanand Prasad & Anr. v. The Union of India & Ors. OA/050/00891 of 2024
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