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 A. Surya Prakasa Rao, Gr-C S/o. A. Lakshminarayana, Aged 61 years, Occ: Retired Postman, 13-26-2512, CHINA APPARAo TOTA, Bhimavaram-534201.

...Applicant (By Advocate: Sri B. Gurudas)

Vs.

1. Union of India rep. by The Secretary to Govt. Of India, MOC &IT Department of Post, Dak Bhawan Sansad Marg, New Delhi-110001. 2. The Chief Postmaster General, A.P. Circle, Vijayawada- 520 013.

3. The Postmaster General, Vijayawada Region, Vijayawada- 520 003.

4. The Sr. Superintendent of Post Offices, Bhimavaram Division, Bhimavaram-534 201.

…Respondents (By Advocate: Sri A. Nageswar Rao, Addl. CGSC)

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ORAL ORDER

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

By this OA, the applicant sought the following relief:

“…….to call for the records pertaining to Letter No.APCO/AC-II/Dte. Ref/2017 dated 2.1.2019. (Annexure-XI) & Letter No.APCO/AC-II/Dte. Ref/2017 dated 12.2.2019 (Annexure-XII) and denial of pensionary benefits under CCS (Pension) Rules, 1972 by applying New Pension Scheme-2004 and declare the same as illegal, arbitrary and against Rules and in violation of Articles 14 and 21 of Constitution of India and be pleased to

1). declare that the CCS (Pension) Rules, 1972 are applicable to the Applicant & he is entitled for the pensionary benefits thereunder;

(ii) direct the Respondent authorities to count the service rendered by the applicant in GDS cadre as qualifying service for pension benefits;

ii). direct the Respondent-authorities to grant pension benefits to the Applicant under CCS (Pension) Rules, 1972 taking GDS service into account and iii) to refund the recoveries made under the New Pension Scheme and pass such other order or orders as deemed fit and proper in the facts and circumstances of the case and in the interest of justice.

”

2. The brief facts of the case are that the applicant was initially appointed as Extra Departmental Mail Carrier with effect from 08.10.1985 and he was promoted to the cadre of Postman with effect from 20.07.2007. 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 (NPS) effective from 01.01.2004 and denied pensionary benefits. The applicant has made representations dated

15.10.2018 & 11.12.2018, but the said requests have not been considered so far. Feeling aggrieved, the applicant has 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 24.02.1995, 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). During the course of process of selection to the Postman cadre, willingness of the applicant for the post of Postman cadre under 25% seniority quota was called by the 4^th respondent vide letter dated 07.06.2007. The applicant was selected to Postman cadre under 25% Seniority Quota of outsiders. After completion of prescribed training, the applicant was allotted to Bhimavaram Head Post Office Unit vide Respondent No.4 Memo dated 13.07.2007, whereby the applicant was appointed as Postman. Before joining as a Postman as per the rule, the GDS employee has to resign from the said post. Thereby, the entitled benefits under the exgratia were also paid to the applicant.

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 it is to cater to postal needs of the rural communities dispersed in remote areas. The system avails of the services of school masters, shop keepers, landlords and such othe