G. Raju vs Union Of India & Ors.

Per: Justice Sunil Thomas, Judicial Member

The applicant, who was engaged as GDS on 22.12.1981 and thereafter posted as Postman, has approached this Tribunal with a prayer that his date of appointment may be ante-dated to 2006 when the vacancy arose. After 28 years of service, the applicant was posted as Postman for the vacancy of 2006 under the seniority quota by virtue of Annexure A-1. He retired on 31.03.2018. Contending that his appointment due in the year 2006 has been delayed on account of administrative reasons and that it was effected only in 2009, the OA is filed.

Learned ACGSC opposed the OA on the premise that the applicant has approached this Tribunal belatedly and secondly, the period during which the applicant seeks ante-dating, the applicant was engaged as GDS. Learned Counsel contended that this period cannot be reckoned for any purpose in the light of the judgment of the Hon'ble Supreme Court in Union of India v Gandiba Behera [(2021) 14 SCC 786]. In the said decision, the Hon'ble Supreme Court held that there is no provision under law on the basis of which any period of service rendered by the employees in the capacity of GDS can be reckoned for the purpose of pension and pensionary benefits. Further, there is considerable delay in approaching the Tribunal. This judgment squarely applies to the facts of the OA. Accordingly, we find no reason to interfere with the OA. The OA is dismissed. No costs.