CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 15^th day of April, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member

1. R. Srinivasulu, S/o. R. Parusharamulu, Hindu, Aged 51 Years, working as (Gr.C) Postman in Anantapur Head Post Office, R/o. D. No. 16-194, Uma Nagar, Old Town, Anantapuram-515 005.

2. CVVLN Rao, S/o. C.S. Vasudeva Rao, Hindu, Aged 59 Years, working as (Gr-C) Postman, Georgepet L.S.G. P.O., Anantapuram - 515 004, R/o. D. No. 1/384, A-4, Postal Quarters, Ananatapuram - 515 004. 3. R. Chandrasekhar, S/o. R. Veebadrappa, Hindu, Aged 56 Years, working as (Gr-C) Postman in Head Office, Anantapur, R/o. D. No. 2-48, Main Road, Rotaripuram Village, Bodiganidoodi - Mandal, Anantapuram District - 515 701.

...Applicants (By Advocate: Sri T.P. Acharya)

Vs.

1. Union of India, Department of Posts, Dak Bhavan, Sansad Mary, New Delhi-110 001, Represented by the Director General.

2. The Chief Postmaster General, A.P. Circle, Vijayawada 521 108.

3. The Postmaster General, Kurnool Region, B Camp Office, Kurnool - 518 002.

4. The Superintendent of Post Offices, Anantapur Division, Anantapuram - 515 001.

5. The Post Master General, Director of Accounts Postal, A.P. Circle, Abids, Hyderabad - 500 001.

…Respondents (By Advocate: Smt. B. Gayatri Varma, Sr. CGSC)

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ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this OA, the applicants sought the following relief:

“…….to declare that the applicants are entitled to be governed by the CCS (Pension) Rules, 1972 and the General provident Fund Rules as applicable to the employees appointed prior to 31-12-2003 and consequently direct the respondents to treat that the applicants are entitled for the benefits under the CCS (Pension) Rules, 1972 and the General provident Fund Rules as applicable to the employees appointed prior to 31-12- 2003 and grant them all benefits basing on that declaration including pension, gratuity, GPF etc., and pass such other and further order or orders as are deemed fit and in the circumstances of the case.”

2. The brief facts of the case are that the applicants were initially appointed as GDS with effect from 15.11.1991, 11.06.1977 & 16.04.1981 and they were promoted to the cadre of Postman with effect from 06.05.2011, 21.07.2008 & 06.05.2011 respectively. Instead of counting the service rendered in GDS cadre as qualifying service for granting pensionary benefits under CCS (Pension) Rules 1972, the respondents irregularly applied New Pension Scheme with effect from 01.01.2004 and denied pensionary benefits.

Feeling aggrieved, the applicants have filed the present OA.

3. After Notice, respondents have appeared through their counsel and filed detailed reply opposing the relief on the ground that, followed with the amendment of recruitment rules, communicated through letter dated 30.01.1995, 25% vacancies of Postman should be filled up from amongst GDS with a minimum of 15 years of service on the basis of seniority (GDS Seniority quota) and 25% of vacancies shall be filled by direct recruitment on the basis of competitive exam and the said selection shall be treated as Direct Recruitment. Applicant No.1 was selected under 25% DR quota pursuant to the exam conducted on 06.03.2011 and the applicants No.2 & 3 were selected to Postman cadre under 25% Seniority Quota of outsiders. After completion of prescribed training, the applicants joined as Postman on 06.05.2011, 21.07.2008 & 06.05.2011 respectively. The 2^nd applicant was also granted MACP-I with GP of Rs.2400/- w.e.f. 28.07.2018 and he retired on 31.07.2018. Before joining as a Postman as per the rule, the GDS employee has to resign from the said post. Thereby, the entitled benefit under the exgratia was also paid to the applicants, vis-à-vis their GDS service.

The respondents further contended that the Extra Departmental Agents (EDAs) system in the Department of Posts and Telegraphs has been in vogue since 1854. The object underlying i