Reinstated GDS employees are entitled to TRCA and bonus arrears for the termination-to-reinstatement period.

The applicant was engaged as a Gramin Dak Sevak Branch Postmaster (GDS BPM) in 2013. His service was terminated on 5 May 2016; the termination was set aside by the Tribunal in earlier proceedings, and he was reinstated, joining on 7 March 2020.

He sought full Time Related Continuity Allowance (TRCA), arrears and bonus for the period he remained out of service, relying on benefits granted to similarly situated GDS employees.

His representation seeking those payments was not resolved, prompting this application.

The respondents opposed payment, contending that the earlier reinstatement orders did not direct back pay or TRCA.

1. Whether the applicant was entitled to full TRCA, arrears and bonus for the period between termination and reinstatement, despite the earlier reinstatement order not expressly directing payment for that period.

2. Whether the applicant’s claim should be allowed on the same terms as those granted to similarly situated GDS employees.

The Tribunal relied on its common judgment dated 8 March 2022 in Subhash Chandra and Others v. Union of India and Others, which directed payment of TRCA, arrears and other consequential benefits to similarly situated GDS employees reinstated after their termination orders were set aside.

It also considered the decisions in the applicant’s earlier reinstatement proceedings and the judgments relied upon by the applicant, including Birbal and Others v. Union of India and Others and Union of India and Others v. Archana Mishra and Others.

The order identifies no separate statutory test governing entitlement to TRCA for the period out of service; its stated basis is parity with similarly situated employees and the Tribunal’s 2022 decision.

The Tribunal found that the applicant’s termination had been set aside and that he had subsequently been reinstated, but that no specific direction for TRCA during the intervening period had been made in the earlier proceedings.

It treated the applicant’s case as analogous to those covered by the 8 March 2022 common judgment, under which similarly situated employees were granted TRCA and related benefits.

Finding no reason to depart from that approach, the Tribunal held that the applicant should receive the same treatment.

The admissible amount was to be calculated and released within three months of receipt of a certified copy of the order.

No order as to costs; associated miscellaneous applications were disposed of.