The department must regularise TRCA for COVID-era absence under applicable service rules.

The applicant, an Extra Departmental Delivery Agent at Anetha Post Office, sought TRCA for April to November 2020.

He said he had been unable to attend physically during the COVID-19 period, when he was about 65 years old.

The respondents maintained that he had been absent from 14 February to 2 November 2020 and had not performed duty, and therefore was not entitled to TRCA for that period.

In an earlier application, O.A. No. 462 of 2018, the Tribunal directed that no additional work be assigned to him; the earlier order also recorded the respondents’ submission that his leave and TRCA would be regularised under departmental rules.

The applicant then filed the present application under Section 19 of the Administrative Tribunals Act, 1985, seeking TRCA for April–November 2020, consequential benefits and interest.

1. Whether the applicant was entitled to have his TRCA for April–November 2020 regularised despite not physically attending work during that period

2. Whether the respondents were required to regularise the absence period under departmental rules, including by treating it as leave or extraordinary leave

The application was brought under Section 19 of the Administrative Tribunals Act, 1985, which provides the procedural basis for an application to the Tribunal; the judgment does not identify a specific statutory provision governing TRCA or cite any precedent.

It relies on the respondents’ recorded undertaking in the earlier proceedings that the applicant’s leave and TRCA would be regularised “as per the departmental rules”.

The Tribunal further stated that, if no disciplinary proceeding had been initiated in respect of the absence, the period should be regularised by adjustment against available leave or by granting extraordinary leave.

The Tribunal considered the applicant’s age and the disruption to transport during the nationwide COVID-19 lockdown, and found that denying TRCA solely because he had not performed duty was not justified in the circumstances.

It also relied on the earlier order’s record of the respondents’ position that leave and TRCA would be regularised under departmental rules.

Accordingly, it directed regularisation in accordance with those rules, rather than ordering unconditional payment irrespective of the applicable rules.

No order was made as to costs.