GDS service cannot count towards regular pension qualifying service; marginal shortfalls not eligible for Rule 88 relaxation beyond Rule 49's 3-month inbuilt provision per department policy upheld by Supreme Court and High Court.

ORDER

(Pronounced by Hon'ble Ms. Veena Kothavale, Member (J))

This O.A. is filed by the applicant for setting aside the impugned order dated 25.11.2020 passed by the 2^nd respondent and the orders of 4^th respondent dated 21.01.2022 and to cure the short fall of 3 days qualifying service of the applicant by taking into consideration 29 years' GDS service for the purpose of granting pension and all other retirement benefits with arrears of pension to the applicant.

2. It is the case of the applicant that he was initially appointed on 11.08.1967 as E.D. Packer (Extra Departmental), now re-designated as GDS (Gramin Dak Sevak). After rendering 29 years of service as GDS Packer, he was appointed as Group D (MTS) by seniority on 18.01.1996, thereafter, he was promoted as Postman by order dated 08.06.2004 and he has retired from the services on 31.07.2006 on attaining superannuation. Thus, he had rendered 9 years, 8 months and 27 days qualifying services in MTS and Postman cadre and is short of 3 days qualifying service for grant of pension and other related benefits under old pension scheme. The applicant submits that the Hon'ble Supreme Court of India in its judgement dated 08.11.2019 passed in Civil Appeal No.8497/2019 in the case of UOI vs Gandiba Behera has given a direction to the postal department directing the authorities to consider such cases as that of applicant for exercising the power to relax the mandatory requirement of qualifying services under Rule 88 of CCS (Pension) Rules 1972 if undue hardship is caused to the employees. The applicant further submits that he has given several representations to the respondents to cure the shortfall of 3 days by treating the entire GDS service as equivalent to 3 days and grant pension to him, but the respondents by impugned order dated 21.01.2022 has rejected the claim of applicant even though the respondents themselves have admitted that the applicant has rendered 9 years, 8 months and 27 days as qualifying service after deducting the non qualifying service of 16 days which is treated as dies-non. Therefore, he has filed this O.A claiming the aforestated relief.

3. Upon issuance of notice, the respondents have appeared through their counsel Mr. R.S. Krishnaswamy and filed reply stating that applicant was initially appointed as ED Packer now GDS (Gramin Dak Sevak) and has rendered 29 years of service in GDS cadre. The system of engaging GDS is exclusive to the Department and the Sevaks so engaged are not required to perform duty beyond a maximum period of 5 hours in a day. It is mandatory for a sevak to furnish an undertaking that he has other sources of income besides the allowances paid by the Government. GDS is governed by non- statutory rules formulated by the Government. Rule 4 of Postal & Telegraphs Extra Departmental Agents (Conduct and Service)Rules, 1964 expressly provides that employees shall not be entitled to any pension. The said rules have been replaced by the Department of Post, Gramin Dak Sevak (Conduct and Employment) Rules, 2001 and Rule 6 of the said rules have similar provision that the sevak shall not be entitled to any pension. Effective from 17.12.1998, the severance amount has been prescribed on absorption on regular basis against the departmental post after 15 years of continuous service. The applicant was selected to the cadre of Group 'D' (MTS) w.e.f. 18.10.1996 and, thereafter promoted as Postman by order dated 08.06.2004 and retired from service on 31.07.2006 on superannuation. On the date of retirement the applicant has a total service of 9 years, 8 months and 27 days for the period from 18.10.1996 to 31.07.2006. After deducting the non-qualifying service