CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH Dated this the 28th day of July, Two Thousand Twenty Five CORAM :

HON'BLE MR M. SWAMINATHAN, JUDICIAL MEMBER K. Balasubramaniyan, S/o S. Kunjithapatham, No.4, Gandhi Mudhaliyar Nagar, Tiruthuraipoondi. .. Applicant By Advocate M/s. R. Malaichamy Vs

1. Union of India rep by Additional Secretary, Ministry oof Personnel, Public Grievances and Pensions, Department of Pension & Pensioner’s Welfare, Lok Nayak Bhawan, Khan Market, New Delhi.

2. The Assistant Director General (SPN)

Ministry of Communications, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi.

3. The Chief Post Master General, Tamil Nadu Circle, Anna Salai, Chennai.

4. The Postmaster General, Central region (TN)

Tiruchirappalli.

5. The Superintendent of Post offices, Pattukottai Division, Pattukotai. .. Respondents By Advocate Mr. M. Muthu Kannan

ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

This OA has been filed by the applicant seeking the following relief:

st “to call for the records of the 1 respondent pertaining to his office memorandum made in No.57/05/2021- P&PW (B), dated 03.03.2023 in so far as fixing the cut of date as 22.12.2003 instead of 01.01.2004 is th concerned and the order of 5 respondent made in memo No.E/NPS to Old Pension/dlgs, dated 25.09.2023 and set aside the same, consequently direct the respondents to treat the service of the applicant under CCS (Pension) Rules, 1972 an direct the respondents to revise and refix the retirement service benefits, including pension of the applicant under OPS and pay the arrears of the same and pass such further or other orders as this Hon’ble Tribunal deems fit and thus render justice”.

2. Brief facts of the case, as submitted by the applicant are as follows:

The applicant was initially appointed as GDS BPM (Gramin Dak Sevak Branch Postmaster) at Umpalacheri BO under Pammani TTP SO on 24.01.1974. After serving nearly 30 years in the GDS cadre, the 5th respondent convened a Departmental Promotion Committee (DPC) on 20.11.2003, in accordance with the instructions issued by the 4th respondent on 29.07.2003. Pursuant to this, the applicant was selected for the post of Postman, as confirmed by memo dated 16.08.2004. Subsequently, the applicant served as Postman/Mail Overseer until his retirement on 31.03.2015. He is entitled to pension under the Old Pension Scheme (OPS); however, his case was erroneously processed under the New Pension Scheme (NPS). Consequently, he filed OA No. 939 of 2022, which was disposed of by order dated 09.03.2023 with appropriate directions. Following this, the applicant submitted a detailed representation dated 26.04.2023. In response, the 5th respondent, through memo dated 13.06.2023, acknowledged that the applicant’s case falls under the Old Pension Scheme. However, without prior notice, the 5th respondent issued another memo on 25.09.2023, unilaterally cancelling the earlier order dated 13.06.2023. The applicant’s case is clearly covered under the Office Memorandum issued by the 1st respondent on 03.03.2023, as his selection to the post of Postman took place on 20.11.2003 based on the 4th respondent’s instructions dated 29.07.2003. Furthermore, the judgments of the Hon’ble Madras High Court in WP No. 21193 of 2015 dated 01.03.2017, and WP No. 18404 of 2017, are directly applicable to the applicant’s situation. Hence, this Original Application has been filed.

3. The main contention of the learned counsel for the applicant is that the 2nd respondent issued guidelines/instructions to all Heads of Postal Circles, based on the DoPT Office Memorandum, dated 03.03.2023, which clarified the earlier OM dated 03.03.2003. As per this clarification, the Old Pension Scheme (OPS) shall be applicable to Gramin Dak Sevaks (GDS) appointed to civil service posts through seniority, provided the Screening Committee or Selection Committee recommending such appointments met prior to 22.12.2003. This clarification was communicated via letter dated 10.07