Counting of Service rendered as Gramin Dak Sevak (GDS) in minimum qualifying service of Group-D/MTS employees for grant of pension – Compliance of Hon’ble Supreme Court Order dated 08.11.2019
No.99-2-112012-Pen.
Government of India
Ministry of Communications
Department of Posts
(Pension Section)
****
Dak Bhawan, Sansad Marg
New Delni-110 001
25the November, 2020
To
- CPMG of all Postal Circles
- Chief General Manager (BD&M), Dak Bhawan
- Chief General Manager (PLI), Chanakya Puri, New Delhi
- Director, Rafi Ahmad Kidwai National Postal Academy, Ghaziabad
- All Directors/ Dy. Directors of Accounts (Postal)
- Principal Director of Audit (Postal) Service Corps, Sena Dak Bhawan, Rao Tula Ram Marg, Delhi-Cntt.-10
Subject: Civil Appeal No.8497 of 2019 arising out of SLP(C) No.13042 of 204 in the matter of UOI&ORs (Applicant) Vs. Gandiba Behera (Respondent) on the issue of counting of service rendered as Gramin Dak Sevak (GDS) to make good the shortfall in minimum qualifying service of Group-D/MTS employees for grant of pension – compliance of Hon’ble Supreme Court Order dated 08.11.2019-reg.
Madam/Sir,
I am directed to refer to this Departments letter of even number dated 15.112019 forwarding therewith a copy of Hon’ble Supreme Court order dated 08.11.2019 on the above suject. Hon’ble Apex Court while deciding the questions of law had held as under:
“in respect of the other respondents, who have not been issued any order for pension the concerned Ministry may consider as to whether the minimum qualifying service rule can be relaxed in their cases in terms of Rule 88 of the 1972 Rules”.
2. In compliance of Hon’ble Supreme Court Order dated 08.11.2019 passed in Special Leave to Appeal (C) No. 13042/2014, the matter was examined in detail and the matter placed before the Postal Service Board (PSB) of this Department for deciding the issue as per the directions of the Hon’ble Supreme Court.
3. The Postal Services Board after detailed deliberations in its meeting held on 25.09.2020 decided as under:
“In view of directions of Apex Court dated 08.11.2019, CCS(Pension) Rules, 1972, GDS (Conduct & Engagement) Rules, 2011 and observations of IFW of this Depertment, the Board after in-depth deliberation decided that there cannot be a single definition of ‘undue hardship’ that can be applicable to all cases. Hence, all cases similar to the cases tagged with the SLP No.13042/2014 and decided by Hon’ble Supreme Court vide Order dated 0811.2019, may be taken up as per Rule 49 of CCS(Pension) Rules, 1972 only where an inbuilt relaxation on case-to-case/en-masse basis will be admissible in terms of Rule 88 of the CCS(Pension) Rules, 1972;.”
4. The decision of Postal Service Board (PSB) in compliance of Apex Court order dated 08.11.2019 may be brought t0 1hc notice of all concerned for strict compliance. This may also be brought to the notice, in consultation with CGSC, of all concerned CAT/Courts in which similar such cases are pending for adjudication thereby ensuring early disposal/setlement of the cases.
Yours faithfully
(Tarun Mittal)
Asstt. Dir. Gene. (Pension)
Tel. No. 2304 4768
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