GDS service, being outside civil service and part-time, cannot be counted towards qualifying service for pension with regular MTS tenure.

O R D E R

By Hon’ble Mr. Ajay Pratap Singh, Member (J):

THE ISSUE

1. The precise question that arises for our determination in the present Original Application is –

“Whether the period of service rendered by the applicant as a regular M.T.S. in the Postal Department can be reckoned along with the period of service rendered as “Gramin Dak Sevak” for the purpose of determining his qualifying service for the pension under Central Civil Services (Pension) Rules, 1972 (Now 2021)?”

THE PRAYER

2. Applicant, retired M.T.S. from the post of Department of Posts, has invoked the jurisdiction of this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking the main relief(s) (as extracted from the OA) reads as under:-

“A. To grant the Applicant the requisite pension and other post-retirement benefits commensurate with his post and length of service; and

B. To direct the Respondents to grant the Applicant the requisite pension and other post-retirement benefits commensurate with his post and length of service; and

C. Any other relief or direction as this Hon’ble Tribunal may deem fit and proper.”

FACTS IN BRIEF

3. Shorn of unnecessary details, the briefly stated facts as adumbrated by the applicant in the OA are that the applicant joined on 15.09.1981 in the Department of Posts as Gramin Dak Sevak [for brevity hereinafter referred as “GDS”] in Branch Post Office, Khet Tehsil-Dharchula, Distt. Pithoragarh, and continuously served for 41 service.

4. It is also the case of the applicant as set out in this OA is that after rendering continuous service as GDS for 32 years, he was promoted to the regular post of M.T.S. vide Order dated 29.01.2013 and joined as MTS, Dharchula S.O. Applicant superannuated on 31.07.2022 and after total 41 years of satisfactory service and ten years as MTS in the Department of Posts, he had not been paid requisite pension and other retirement benefits commensurate with his post and length of service in the Department of Posts.

5. Per contra, the respondents have filed the counter affidavit and stated that the applicant was engaged as GDS from 09.11.1981 to 10.10.2013 (total service 31 years 11 months and one day as GDS) under GDS (Conduct and Engagement) Rules, 2011 [in short – “GDS Rules, 2011”] and as per Rule 3-A- Terms and conditions of engagement as GDS is a service outside the Civil Service of the Union and is part-time duty – a period of maximum 5 hours a day and as per Rule 2(h) of CCS (Pension) Rules, 1972 [in short “Rules 1972”], the Rules 1972 are applicable to Central Government employees appointed on or before 31.12.2003 to civil services and in posts appointed substantively to civil services. The terms and conditions of engagement as GDS are regulated by GDS Rules, 2011, hence, the Rules, 1972 are not applicable in case of the applicant as he was appointed as MTS and joined on 10.11.2013.

6. Respondents have also stated in the counter reply that before posting as MTS w.e.f. 10.11.2013, he has rendered 31 years 11 months and 01 day service as GDS, governed under GDS Rules, 2011 and after posting as MTS, he had rendered regular service of 8 years, 9 months and 20 days. The total regular service in civil post rendered as MTS is only 8 years 9 months and 20 days and retired on 31.07.2022. So also once the Central Government employees appointed on or before 31.12.2003 are covered by Rules, 1972. The applicant appointed in year 2013 as MTS and he is covered by NPS w.e.f. 01.01.2004 and post retirement benefits under NPS, already granted are as un