Gramin Dak Sevaks' service cannot be counted for pension eligibility under existing rules and prior judgments affirm this.

ORDER

Per: SURESH KUMAR BATRA, MEMBER (J):

1. The applicants have filed instant O.A under Section 19 of the Central Administrative Tribunals Act, 1985 seeking following relief:

(I) For issuance of an appropriate order or direction to the respondents to grant the applicant pension as per the provisions of CCS (Pension) Rules, 1972 by taking into account his entire service as Gramin Dak Sevaks at par with other regular Postal Department's Group 'D' Personnel in view of the judgement dated 09.12.2014 (Annexure A-2) passed by the Hon'ble Supreme Court in Writ petition (Civil) No. 17/2009 case titled as (Vinod Kumar Saxena & Ors. Vs Union of India & Ors.) as well as order dated 17.11.2016 (Annexure A-3) passed by the Principal Bench of this Tribunal in OA No. 749 of 2015 and other similar cases.

(II) For issuance of an appropriate order or direction to the respondents for implementing the same relief granted in OA No. 749/2015, 3540/2015 and 613/2015 by Central Administrative Tribunal, Jaipur Branch, Jaipur to the lawful claim of the applicant also by deciding his representation dated 03.10.2018 (Annexure A-5) expeditiously by passing a speaking order in accordance with law and guidelines/laws laid down by the Hon'ble Supreme Court.

2. The brief facts of the case are the applicant was appointed as Gramin Dak Sevak Branch Post Master (GDS BPM) at Branch Office Kotli Sabo under Sub Post Office Sangat Division, Bathinda, Punjab Circle on 26.04.1979, and subsequently an appointment letter dated 11.01.1991 was issued to him. Since the year 1979, the applicant has been continuously discharging his duties as GDS BPM and has been distributing postal articles in two villages assigned to him. Apart from this, the applicant has also been entrusted with additional responsibilities including handling Savings Accounts, Recurring Deposits (RDs), Time Deposits (TDRs), Postal Life Insurance (PLI), MGNREGA related work and other departmental duties, which he has been performing diligently and efficiently without any blemish in his service record.

3. It is submitted that a large number of similarly situated employees, whose services as Gramin Dak Sevaks were not being counted for pension, had approached various Benches of the Central Administrative Tribunal, which ultimately reached the Hon‟ble Supreme Court in Writ Petition (Civil) No. 17/2009 titledVinod Kumar Saxena & Others vs. Union of India & Others. The Hon‟ble Supreme Court vide order dated 09.12.2014 treated such employees as holders of civil posts and relegated them to approach the Central Administrative Tribunal for redressal of their grievances. Pursuant thereto, several Original Applications bearing OA Nos. 749, 3540 and 613 of 2015 were filed before the Principal Bench of this Tribunal, which were disposed of vide common order dated 17.11.2016, directing that in the case of Gramin Dak Sevaks, who retire as GDS without absorption as regular Group „D‟ staff, pension shall be granted under the CCS (Pension) Rules, 1972 and the qualifying service for pension shall be calculated as 5/8th of the period spent as Gramin Dak Sevak.

4. Similarly situated employee Naval Kishore S/o Ram Prasad also approached the Central Administrative Tribunal, Jaipur Bench by filing OA No. 291/25/2017, which was disposed of vide order dated 03.11.2017, granting him the same relief in terms of the directions issued by the Principal Bench. In view of the aforesaid judgments, the applicant also submitted a representation dated 03.10.2018 to the respondents requesting grant of pensionary benefits in terms of the above decisions. However, the respondents have neither decided the said representation nor granted the benefit of pension to the applicant till date.

5. It is further submitted that the applicant has