CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU Hearing through video conferencing Order Reserved On: 30.07.2024 Order Pronounced On: 27.12.2024 OA 210 of 2020 HON’BLE MR. RAJINDER S DOGRA, MEMBER (J)

Jeewan Lal son of Shri Jagat Ram age 59 years. Mail overseer Sub Division Reasi, Division Udhampur, resident of Kanthal.

Tehsil Bani. District Kathua ...................Applicant (Advocate:- Mr. Ashok Sharma)

Versus

1. Union of India through Secretary Ministry of Posts, Govt. of India, New Delhi

2. Chief Post Master General. J&K Circle, Jammu.

3. Superintendent of Post Offices, Udhampur Division. Udhampur.

...................Respondents (Advocate: : Mr. Raghu Mehta )

O R D E R (F I N A L)

1. Original Application have been filed by the applicants being aggrieved of the impugned order dated 17-8-2004 issued by the Respondents.

2. Being aggrieved, the applicants have filed the present Transfer Applications, seeking the following reliefs: -

i. to command and direct the respondents to extend the benefits of CCS(Pension) Rules 1972 to the applicant as the applicant was initially appointed as BPM on 19- 2-1981 and at the relevant time CCS(Pension) Rules

1972 were in force;

ii. to partially annul and quash the order dated 17-8-2004 in terms of which the applicant has been held to be governed by new CCS(Pension) Rules as the applicant was not new entrants in service and refund the amount of contributions made by the applicant in terms of new CCS(Pension) Rules;

3. Learned counsel for applicant submitted that the applicant was initially appointed as BPM Kanthal w.e.f. 19-2-1981 under respondent No.3 vide order No.A/Kanthi dated 2-3-

1981 and the appointment was however subject to the approval of the Divisional Superintendent. Applicant was appointed as Postman in the pay scale of Rs.3050-80- 4590 and posted as Postman Ramnagar Sub Office against vacant post w.e.f. 19-8-200- vide memo dated 17-8-2004 and in the appointment order it was specifically mentioned that Shri Jeewan Lal should further understand that his entitlement to pensionary benefits will be under the new pension scheme introduced w.e.f. 1-1-2004.

4. Learned counsel for the applicant further submitted that the applicant was further promoted as Mail Overseer and posted at Doda Sub Division against a vacant post on temporary and ad-hoc basis vide order No. B-3/Misc dated 27- 6-2011 and the applicant at present is performing the duties of Mail Overseer. Further He submitted that although the applicant was appointed as Postman vide order dated 17-8-2004 but the vacancy against which the applicant was appointed related to the year much earlier than the year 2004. The applicant joined on the post of postman not as new entrant into service but the applicant was already in service as BPM w.e.f. 19-2-

1981.

5. Learned counsel for respondents vehemently denied the contention of applicant and submitted that the case has been filed by applicant in the year 2019 after a period of more than 15 years which is barred by law of limitation and is required to be dismissed u/s 21 of the CAT Act and also on the principles of delay and latches. He further submitted that the Gramin Dak Sevaks were earlier known as Extra Departmental Agents. EDAs are the holders of civil posts but are not regular Government servants. They are a separate cadre outside the Government service and existing only in the Department of Posts and formed with the primary objective of providing postal services in the remote villages of the country. They become departmental employee from the date of their regular appointment and were specifically excluded from the application of CCS (CCA) Rules. With this exclusion, this category stands excluded from the purview of term 'Central Civil Service' and 'Central Civil Post' defined under Rule 2(c) and 2(h) of the said rules.

6. He further stated that the appointment of GDS to Postman is treated as direct recruitment and not as a promotion. This is because, promotion exists only from like cadres an