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Judgment
O R D E R
Hon'ble Mr. P. Madhavan, Judicial Member –
This is an Original Application filed by the applicant seeking the following reliefs:
“a. To declare that the service rendered by the applicants as Gramin Dak Sevaks prior to their appointment as Group D under the respondents, is liable to be counted for pensionary benefits as directed in Annexure A1 final order by the Principal Bench of this Honourable Tribunal.
b. Direct the respondents to extend the benefit of Annexure A1 final order of the Principal Bench of this Honourable Tribunal to the applicants herein also and to count the service rendered by them as Gramin Dak Sevaks for pensionary benefits.
c. Alternatively direct the 2nd respondent to consider and pass orders on Annexure A2 series of representation submitted by the applicant with in a short time frame.
d. To grant such other reliefs as may be prayed for and the court may deem fit to grant, and
e. Grant the cost of this Original Application.”
In short the applicants in this case had entered service as Gramin Dak Sevaks and they were later absorbed as Group-D employees under respondents Nos. 3 and 4. The applicants 8 to 10 have already retired from service and others are still in service. Owing to the delay in absorbing them as Group-D employees, they did not get the qualifying service for getting pension. A major portion of the service rendered by them was as Gramin Dak Sevaks and it was never counted for pension by the Department. According to them, the Principal Bench of this Tribunal in OA No. 749 of 2015 and connected cases held that GDS who have been absorbed as regular Group-D employees are entitled to get their GDS service counted for the purpose of pensionary benefits. For getting the said benefit the applicants have filed the present OA.
The respondents entered appearance in the matter and filed a reply statement. They submitted that the applicants are not entitled to get their GDS service counted for the purpose of getting pension and pensionary benefits.
When the matter came up for consideration today, learned counsel for the respondents submitted that in view of the decision of the Hon’ble Supreme Court in Union of India & Ors. v. Gandiba Behera - Civil Appeal No. 8497 of 2019 dated 8.11.2019, there is no purpose in continuing with the present matter. The Hon’ble Supreme Court in the said decision held that GDS service cannot be counted as qualifying service for getting pension. In paragraph 20 the apex court held as under:
“20.For the reasons we have already discussed, we are of the opinion that the judgments under appeal cannot be sustained. There is no provision under the law on the basis of which any period of the service rendered by the respondents in the capacity of GDS could be added to their regular tenure in the postal department for the purpose of fulfilling the period of qualifying service on the question of grant of pension.”
So we find that the law is finally settled by the Hon’ble Supreme Court in Gandiba Behera’s case (supra) and there is no purpose in referring to OA No. 749 of 2015 pronounced by the Principal Bench of the Tribunal in a similar case.
In view of the above, we find that the applicants are not entitled to get their service as GDS counted for qualifying service for getting pension. Accordingly, the OA is devoid of any merit and it is dismissed. No order as to costs.
Original Application No. 180/00278/2019
Annexure A1- True copy of the relevant pages of the final order dated 17.11.2016 in O.A No. 749 of 2015 and connected cases of the Principal Bench of this Honourable Tribunal.
Annexure A2(a)- True copy of the representation dated Nil submitted by the 1st applicant to the 2nd respondent.
Annexure A2(b)- True copy of the representation dated Nil submitted by the 2nd applicant to the 2nd respondent.
Annexure A2(c)- True copy of the representation dated Nil submitted by the 3rd applicant to the 2nd respondent.
Annexure A2(d)- True copy of the representation dated Nil submitted by the 4th applicant to the 2nd respondent.
Annexure A2(e)- True copy of the representation dated Nil submitted by the 6th applicant to the 2nd respondent.
Annexure A2(f)- True copy of the representation dated Nil submitted by the 8th applicant to the 2nd respondent.
Annexure A2(g)- True copy of the representation dated Nil submitted by the 9th applicant to the 2nd respondent.
Annexure A2(h)- True copy of the representation dated Nil submitted by the 10th applicant to the 2nd respondent.
Annexure R1- True copy of the judgment of the Hon'ble Apex Court in SLP No. 17035-36 of 2013 (Civil Appeal No. 13675-76 of 2014) dated 24.11.2015.
Annexure R2- True copy of the Order dated 18.03.2014 of the Hon'ble Central Administrative Tribunal, Ernakulam Bench in O.A/1191 of 2012.
Annexure R3- True copy of the Order dated 05.08.2015 of the Hon'ble Central Administrative Tribunal, Ernakulam Bench in O.A/151 of 2013.