IMPORTANT POINTS
(1) Services rendered by respondents as GDS or other Extra Departmental Agents cannot be factored in for computing their qualifying services in regular posts under postal department on question of grant of pension.
(2) Service tenure of an employee in a particular post cannot be artificially extended in absence of any specific legal provision.
(3) Selection of an employee in regular post cannot also be predated because of delay on part of authorities in holding selection process.

JUDGMENT :

ANIRUDDHA BOSE, J.

1. Records reveal that service is not complete in S.L.P. (C) Diary No.13464/2018, S.L.P.(C) No.16615/2018, S.L.P.(C)No.3392/2019 and S.L.P.(C) Diary No.18007/2019. Hence these maters are directed to be detagged from this batch of appeals. Let these matters be placed before the appropriate Bench after completion of service.

2. Delay condoned and leave is granted in SLP (C) CC Nos. 20557-20558 of 2015 and SLP (C) No.32881 of 2018.

Leave is also granted in rest of the petitions for Special Leave to Appeal.

3. All these appeals have reached this Court from decisions of different Benches of the Central Administrative Tribunal and thereafter judgments of the High Courts on a common question of law. The dispute in these appeals is as to whether services rendered by the employees in the postal department in the capacity of Gramin Dak Sevaks (GDS) ought to be computed or not for the purpose of calculation of the qualifying service of their pension after they got selected in regular posts in the said department. The respective High Courts, whose judgments are under appeal before us, have uniformly held in favour of the GDSs who subsequently were selected as regular employees of the postal department. The original applicants were not found eligible for pension as their services fell short of the qualifying period. The minimum service period in regular employment in the said Department for being entitled to pension is contained in Central Civil Services (Pension) Rules, 1972 and it is 10 years. We shall refer to these Rules henceforth as the 1972 Rules. In all these appeals, service tenure of the respondents in regular posts fell marginally short of the said period of 10 years. Clause 49 (1) of the 1972 Rules stipulates :

“In the case of a Government servant retiring in accordance with the provisions of these rules before completing qualifying service of ten years, the amount of service gratuity shall be calculated at the rate of half month’s emoluments for every completed six monthly period of qualifying service.”

4. There have been separate Rules guiding the services of Gramin Dak Sevaks who are also referred to as extra-departmental agents in the postal department. The present Rules which has been cited before us is titled Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 (the 2011 Rules). There was P&T Extra Departmental Agents (Conduct & Service) Rules, 1964 which prevailed earlier covering the same field before replaced byGramin Dak Sevaks (Conduct and Employment) Rules, 2001. These Rules ultimately gave way to the 2011 Rules. The GDSs have been identified in different abbreviated designations over the period of time, possibly depending on the nature of work they were engaged in. These are EDMC, ED-Packer, Departmental runner, EDDA and GDS. The last of these designations being the short form of Gramin Dak Sevaks is what they are known as at present.

5. The lead case which has been argued before us arises from an application instituted by one Gandiba Behera registered as O.A. No. 609/2010 before the Central Administrative Tribunal, Cuttack Bench. The said applicant was selected through regular process as a GDS in Balasore division of the State of Orissa on 1st April, 1968. He continued to work in that capacity until 25th May, 1999, from which date, he was engaged in a Group ‘D’ post in regular employment through the proper selection process. This status as a Group “D” employee was conferred on him retrospectively, by way of a memorandum issued by the authorities on 30th December 1999. He attained the age of superannuation on 30th June, 2008. His claim for pension was, however, denied on the ground of not having completed 10 years of minimum qualifying service in the Group ‘D’ post. The Tribunal, by an order passed on 6th July, 2011, upheld the applicant’s plea for having part of his service rendered in