Facts
The respondents were appointed as Sorting Assistants in the Department of Posts between 1982 and 1984 under the Reserve Trained Pool (RTP) Scheme.
Source reference: para 1They performed the same duties as regular Sorting Assistants but were denied regularization from their initial appointment date and pay parity.
Source reference: para 1Seeking these benefits, they approached the Central Administrative Tribunal (CAT) in OA 3628/2019.
Source reference: para 2On August 4, 2025, the Tribunal allowed their application, directing that service under the RTP Scheme be counted for seniority and promotion.
Source reference: para 3The Union of India challenged this order via the present writ petition.
Source reference: para 5Issues
1. Whether the service rendered by Sorting Assistants under the RTP Scheme is entitled to be counted for the purposes of promotion, seniority, and other consequential benefits.
Source reference: para 72. Whether the petitioners are justified in re-litigating an issue that has already attained finality before the Supreme Court.
Source reference: para 6, 12Law Applied
Principle of stare decisis and the doctrine of finality of judgments.
Source reference: no citationPrecedent set by the High Court of Telangana in Union of India v. Ravi Krishna (WP 17400/2016), which held that RTP Scheme service must be counted for seniority and promotion.
Source reference: para 7Delhi High Court decisions in Raksh Pal Singh v. Union of India and Union of India v. Dheeraj Pal, noting that the Supreme Court had already dismissed an SLP against Raksh Pal Singh.
Source reference: para 8, 10The decision in Union of India v. Sangeeta Kaushik, where the Supreme Court imposed costs for re-agitating this specific issue.
Source reference: para 11Reasoning
The Court observed that the legal status of RTP Scheme workers is no longer res integra (an unsettled point of law).
Source reference: para 7The Court reasoned that since the respondents performed identical duties to regular employees, they were entitled to the same benefits as established in Ravi Krishna and Raksh Pal Singh.
Source reference: para 1, 9The Court expressed "undisguised unhappiness" that the Union of India continued to litigate this settled matter despite previous admonitions and costs imposed by the Supreme Court in Sangeeta Kaushik.
Source reference: para 6, 11-12The Court found the present case fully covered by its own recent coordinate bench decision in Union of India v. Purshotam Dass Sharma.
Source reference: para 12Holding
The Court answered the issues in the affirmative for the respondents, holding that the matter is settled law and the petition is a repetitive litigation.
The Court dismissed the writ petition in limine (at the threshold) and issued a stern warning against future attempts to re-agitate this settled issue.
Source reference: para 14, 13Original Court PDF
Union Of India And OrsvsShri Mukesh Bhardwaj And Ors
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