K. Rajan & Ors. vs Union Of India & Ors.

Per: Justice Sunil Thomas, Judicial Member

The applicants who are presently working as Postal Assistants have approached this Tribunal seeking relief that their GDS service commencing from the year 1980 to 1981 may be reckoned along with their regular service as qualifying service for pensionary benefits and to direct the respondents to include them under the Old Pension Scheme.

Basic facts are not in dispute. The short question that arises is whether the GDS service can be reckoned for the purpose of considering their qualifying service.

The learned Counsel for the respondents relied on Annexure R1 judgment of the Hon'ble Supreme Court in Y. Najithamol & Ors vs. Soumya S.D. & Ors (Civil Appeal No. 90 of 2015), wherein after detailed analysis of the entire issue, it was held that the appointment as Postman from Extra Departmental Agents or Gramin Dak Sevaks cannot be considered as promotion, as the post of Postman and EDA belong to two different service, that is regular Postal Service and Extra Departmental Postal Service

This was relied on by the Division Bench of the Kerala High Court in Indhukala C.S & Anr vs Union of India & Ors in OP (CAT) No. 327 of 2016, wherein the question arose whether the applicants therein sought notional promotion as Postman from the date of occurrence of vacancies relying on Najithamol's case. The relief was declined.

The learned ACGSC also relied on the question of commencement of qualifying service as provided in Clause 13 of Chapter III of Annexure R3. In Union of India v. Gandiba Behera [AIR Online 2019 SC 2018], a three judges bench of the Hon'ble Supreme Court held that there is no provision under the law, on the basis of which any period of service rendered by the respondents in the capacity of GDS could be added to their tenure for the purpose fulfilling the qualifying service on the question of grant of pension shows that the claim set up by the applicant cannot be granted. Accordingly, the O.A fails and is dismissed. No costs.